Terms and Conditions

Terms and Conditions

 

Terms and Conditions

  1. It is important that you understand and agree to these terms and conditions in order for you to subscribe to the MY CHOCOLATE BOX Programme.
  2. All prices and usage rates advertised include VAT, unless otherwise stated.

INTRODUCTION

  1. The MY CHOCOLATE BOX Programme is offered to the public in South Africa as an opt in Membership, providing access to a monthly chocolate, treats, gift box that makes up the Membership Benefits provided by NEXT Corporate and Travel Solutions (Pty) Ltd.
  2. Membership Benefits are provided monthly in the form of a delivered box with various chocolate and, from time to time, gift-related content, which is updated via our website www.mychocolatebox.co.za.
  3. Members of the Programme receive either discounted rates and/or value added products contained in the monthly chocolate box.
  4. NEXT has secured a wide range of benefits in the form of discount opportunities from its subsidiaries, affiliates and from third-party suppliers from time to time, for the Member to participate in as a benefit.
  5. The following terms and conditions pertain to understanding and making the most of the Member’s membership benefits. These terms and conditions constitute an agreement between NEXT and the Member, governing the rights and obligations of both parties each time the Member accesses and remains a Member of the MY CHOCOLATE BOX Programme.
  6. By joining and accessing the MY CHOCOLATE BOX Programme either telephonically, online or in person, the Member confirms that he has read, understood, and agrees to be bound by these terms and conditions, as they may be amended from time to time and available on the MY CHOCOLATE BOX Website.
  7. If there is anything in the terms and conditions that requires an explanation, please contact our customer care centre on 0861 777 279
  8. The Membership and Benefits are designed to provide a monthly box of chocolates and various other treats contained in the form of a monthly subscription.

1. GENERAL

  1. NEXT reserves the right to suspend the MY CHOCOLATE BOX Programme and its benefits in its sole discretion, including when any fraudulent activity is suspected, and if the outcome of an investigation proves that fraudulent activity did occur, NEXT shall be entitled to terminate the MY CHOCOLATE BOX service and/or benefits.
  2. NEXT may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By continuing to subscribe to MY CHOCOLATE BOX, you agree and understand that you will be bound by the amended terms and conditions.
  3. It is important that you understand that all customers who make use of MY CHOCOLATE BOX indemnify NEXT, its providers, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from their use of MY CHOCOLATE BOX and its benefits.
  4. NEXT has the right to withdraw, or shorten the duration of the MY CHOCOLATE BOX Programme in its sole and absolute discretion and will notify customers if it chooses to do so. Customers will not have a claim against NEXT in this event.

2. INTERPRETATION

In this Agreement, unless otherwise indicated by the context:

  1. The singular shall include the plural and vice versa;
  2. One gender shall include the other genders and vice versa;
  3. Natural persons shall include legal and juristic persons and vice versa; and
  4. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

3. DEFINITIONS

  1. “Agreement” – means these terms and conditions together with the Member registration for the MY CHOCOLATE BOX Programme;
  2. “Business Day”– means any such day that is not a Saturday, Sunday or South African Public Holiday;
  3. MY CHOCOLATE BOX Programme” – means the programme offered to Members in terms of which they qualify for MY CHOCOLATE BOX Benefits and the Products and Services;
  4. MY CHOCOLATE BOX Benefits” – means the benefits described in clause 5.3
  5. MY CHOCOLATE BOX Contact Centre”– means the premises used by NEXT to facilitate the provision of the MY CHOCOLATE BOX Benefits to Members;
  6. MY CHOCOLATE BOX Website” – means the website at www.mychocolatebox.co.za
  7. “Enrolment” – means the enrolment in the MY CHOCOLATE BOX Programme as set out in clause 4.1;
  8. “Member” – means any person who has successfully enrolled in the MY CHOCOLATE BOX Programme;
  9. “Membership Dues”– means the monthly consideration payable by the Member to NEXT for access to MY CHOCOLATE BOX;
  10. “NEXT” – means NEXT Corporate and Travel Solutions Pty Ltd (registration number 2003/002780/07);
  11. “NEXT Partner/s” – means any supplier appointed by NEXT to provide products or services to the MY CHOCOLATE BOX Programme in order to provide the Member with benefits from time to time;
  12. “Welcome Pack” – means the electronic information letter that the Member will receive via email on successfully registering for the MY CHOCOLATE BOX Programme.

4. ENROLMENT

The following requirements need to be complied with to enrol as a member of the MY CHOCOLATE BOX Programme:

  1. Completing the online voice recorded application form via our contact centre agent’s outbound call; or completing an online membership form on the MY CHOCOLATE BOX Website; or
  2. Enrolling via our customer care centre on 0861 777 279; or
  3. Paying the Membership Fee via debit order or credit card directly to NEXT.
  4. Only individual persons from the age of 18 years old may enrol in the MY CHOCOLATE BOX Programme.
  5. Persons may only enrol in the MY CHOCOLATE BOX Programme for personal use.
  6. The Membership Dues effective 1 October 2016 are R 349 (Three Hundred and Forty Nine Rands) including VAT.

5. MY CHOCOLATE BOX BENEFITS

In this Agreement, unless otherwise indicated by the context:

  1. The full details of the MY CHOCOLATE BOX content and Benefits are available on the MY CHOCOLATE BOX Website, or by calling the MY CHOCOLATE BOX Contact Centre on 0861 777 279.
  2. The Member will only receive the Membership Benefits on successful payment of their monthly Membership Dues / Subscription to access MY CHOCOLATE BOX.
  3. MY CHOCOLATE BOX Benefits include but are not necessarily limited to the following:
  • A monthly box delivered to your chosen address
  • Chocolates, treats, gifts and more are included in your box
  • Savings on your favourite high-end chocolate and treats selections
  • Monthly member newsletter
  • Exclusive access to premium chocolate-related events
  • Premium first access to new product launches

6. CONDITIONS OF MEMBERSHIP

The use of the MY CHOCOLATE BOX Programme and the MY CHOCOLATE BOX Benefits shall be at the Member’s own initiative and risk.

  • merely provides access to the Membership Benefits;
  • makes no representations, gives no warranty of any kind, express or implied, regarding the suitability of any Membership Benefits to the Member’s needs.
  1. The MY CHOCOLATE BOX Benefits are subject to availability although every possible alternative or substitute product will be investigated should availability be limited.
  2. NEXT, its agents and distributors accept no responsibility, financial or otherwise, for the misuse of the MY CHOCOLATE BOX Benefits and are not liable for any personal loss or injury at featured venues or through the use of the Programme.
  3. Membership of the MY CHOCOLATE BOX Programme will be at NEXT’s sole discretion.
  4. The Member accepts that by participating in the MY CHOCOLATE BOX Programme, NEXT will be sending to the Member various marketing communications and updates pertaining to the MY CHOCOLATE BOX Benefits at its sole discretion.
  5. Should the Member not wish to receive these communications or updates he must inform NEXT by opting out on communications or by calling the MY CHOCOLATE BOX Contact Centre and NEXT shall then refrain from sending them.
  6. The Member will be required to pay a monthly membership fee. The membership fees are R349 per month inclusive of VAT as at October 2016. This fee is also set out on the MY CHOCOLATE BOX Website and may vary from time to time.
  7. The Member shall authorise NEXT via their voice recorded or online membership enrolment to debit the bank account or credit card or any other acceptable payment instrument of the Member’s choosing.
  8. The Member can only cancel their membership with the MY CHOCOLATE BOX Programme by calling the MY CHOCOLATE BOX Contact Centre on 0861 777 279 or mailing customerservice@mychocolatebox.co.za.
  9. Members may cancel their membership by giving 1 (one) calendar month’s notice of their intention to do so.
  10. If the Member cancels their membership, their debit order will also be cancelled.
  11. The Member is entitled to cancel their membership within 5 (five) Business Days after having enrolled and NEXT will fully refund any Membership Fee paid by the Member provided that no delivery of a monthly MY CHOCOLATE BOX has been received by the Member.
  12. If the Member cancels their membership after the expiry of the 5 (five) Business Days the Member will not receive a refund of their Membership Fee.
  13. The Membership Fee will be reviewed annually by NEXT who is entitled to determine the Membership Fee at its sole discretion. The Member will be notified of any changes to these fees within 30 days of such changes being effected.
  14. NEXT shall have the right to deregister the Member from the MY CHOCOLATE BOX Programme by giving him reasonable prior notice of 5 (five) days in the event of any of the following:
    • Non-payment of the Membership Fee;
    • Abuse of the MY CHOCOLATE BOX Programme by a Member.
  15. NEXT reserves the right to change the criteria for deregistration at any time by giving the Member reasonable prior notice.
  16. NEXT shall be entitled, at its discretion, to terminate the MY CHOCOLATE BOX Programme at any time, and shall notify the Member of its decision by giving the Member reasonable prior notice of 30 (thirty) days’ notice via the website.
  17. NEXT will not be liable for any loss, expenses, claim(s) or damage, whether direct, indirect or consequential, arising from the use of the MY CHOCOLATE BOX Programme and the Member accordingly indemnifies NEXT against any such losses, expenses, claim(s) or damages, provided that such loss was not suffered due to the negligence of NEXT.
  18. The Member hereby warrants that he has the required legal capacity to enter into and be bound by this Agreement.
  19. NEXT reserves the right to amend this Agreement and Members have the right to cancel their Membership with no penalty should the terms of the new Agreement not be agreeable.
  20. It is the responsibility of the Member to inform NEXT of any changes in their personal details.
  21. NEXT reserves the right to change the NEXT Partner/s that provide the Benefits to the MY CHOCOLATE BOX Programme based on Member usage, pricing, quality, availability of products and service or at NEXT’s sole discretion.
  22. You can pay by using your Visa or MasterCard credit or debit card or providing NEXT with your debit order details.
  23. Your chosen means of payment will be used to debit your monthly subscription to the MY CHOCOLATE BOX Programme (Membership Dues).
  24. As a Member, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
  25. Your MY CHOCOLATE BOX box will be delivered to the address you specified during the enrolment process of your subscription to MY CHOCOLATE BOX.
  26. Your MY CHOCOLATE BOX box will be delivered by courier. The courier will confirm an attempt to deliver to your chosen address. If no one is available to receive the delivery of your MY CHOCOLATE BOX box, it will be returned to our warehouse and a return will be processed for the goods.
  27. The delivery of MY CHOCOLATE BOX will occur within the first two weeks of any given month.
  28. MY CHOCOLATE BOX standard deliveries take place during business hours.
  29. Delivery is considered complete as soon as the MY CHOCOLATE BOX box is accepted and signed for either by the Member or by an individual on the Member’s behalf at the specified delivery address.
  30. Members must ensure that you or the intended receiver of the box inspect(s) the MY CHOCOLATE BOX box on arrival and makes known any justifiable complaints.
  31. Complaints and claims must be brought to the attention of MY CHOCOLATE BOX by calling our call centre at 0861 777 279, which operates 24 hours a day.
  32. If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to MY CHOCOLATE BOX within 30 days of delivery, by the same shipping method which the MY CHOCOLATE BOX box was received.
  33. In the case of a damaged or incorrect item having been delivered, MY CHOCOLATE BOX will evaluate each case and issue a refund of your Membership Dues or a replacement MY CHOCOLATE BOX box upon proof of the damaged/incorrect item.
  34. NEXT and the Member agree to act in good faith.

7. SHARE A PIC TERMS AND CONDITIONS

  1. By participating in this competition, entrants agree to the terms and conditions as stated below.
  2. By participating in this competition, entrants consent that My Chocolate Box may use their images, names and social handles on our website and social platforms.
  3. This competition is only open to My Chocolate Box subscribers.
  4. For the time being, only Johannesburg residents are eligible to win.
  5. Any employees, directors, affiliates, consultants or family members who are directly or indirectly associated with My Chocolate Box, NEXT Solutions, PLP Group, Stratitude or Beyers Chocolates are not allowed to win the competition.
  6. Participants need to do the following:

    – like the associated social pages and use the hashtag #MyMCBZATreats,
    – on Facebook participants can post directly onto the @MyChocBoxZA page, or
    – on Twitter and/or Instagram participants need to tag @MyChocBoxZA.

  7. There is no limit to the number of times a participant may enter.
  8. The competition will start running on 20/3/2017, and My Chocolate Box reserves the right to cancel the competition at a time of our choosing.
  9. Competition winners will receive a chocolate box to the value of R399.
  10. Winners will be chosen at random.
  11. Winners will be selected on a Thursday.
  12. Once a contestant has been chosen, My Chocolate Box will phone them to inform them that they have won.
  13. After three unsuccessful attempts to contact the winner, a new winner will be chosen.
  14. The judges’ decision is final.
  15. The prize cannot be exchanged for money or any other item.
  16. Participation does not guarantee winning.
  17. My Chocolate Box does not take any responsibility for entries we do not receive.
  18. My Chocolate Box accepts no responsibility for harm, of whatever form, experienced by the participant as a result of entering this competition.
  19. My Chocolate Box takes no responsibility for any costs incurred by participants to enter the competition.
  20. My Chocolate Box reserves the right to cancel the competition or change the prize at our discretion, without notifying members.
  21. Participants agree to enter the competition and use the prize at their own risk.
  22. If a participant does not comply with any of our terms or conditions they will be disqualified without any notice.