Cookies & Tracking
By clicking "Accept & Continue", you expressly consent to our use of cookies, tracking pixels, analytics and marketing technologies strictly necessary for the operation, security and optimisation of this website, in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
Categories of Cookies Used
- Strictly Necessary — session, cart, checkout, security.
- Functional — preferences, language, display settings.
- Analytics — anonymised usage statistics.
- Marketing — advertising and retargeting pixels.
Continued use of this website constitutes your informed, voluntary and specific consent to all of the above. You may withdraw consent at any time, but withdrawal will not affect the lawfulness of processing prior to withdrawal.
Privacy Policy
This Privacy Policy governs the manner in which Ice 'N' Roses ("we", "us", "the Company") collects, uses, maintains and discloses information collected from users ("you", "the User") of the website https://www.icenrosesgifts.co.za.
1. Information We Collect
We may collect personally identifiable information including, without limitation: name, email address, physical and delivery address, telephone number, payment information and IP address. We also collect non-personally identifiable information including browser type, device type, referring site, and time of visit.
2. Purpose of Processing
Personal information is processed strictly for lawful business purposes, including order fulfilment, customer service, fraud prevention, legal compliance, direct marketing (where lawfully permitted), and the improvement of our products, services and user experience.
3. Lawful Basis
Processing is conducted under one or more lawful bases recognised in Section 11 of POPIA, including the User's consent, necessity for performance of contract, compliance with legal obligations, and the Company's legitimate business interests.
4. Disclosure
We do not sell personal information. We may share information with trusted third-party operators (payment gateways PayFast and Ozow, courier partners, hosting providers and email providers) strictly under written data processing agreements, and with law enforcement or regulators where lawfully required.
5. Security
We employ commercially reasonable technical and organisational measures to secure personal information. However, no system is infallible and the Company shall not be liable for any unauthorised access, loss, or breach caused by events beyond our reasonable control.
6. Retention
Personal information is retained for as long as necessary to fulfil the purposes set out herein, or as required by applicable law (including but not limited to the Tax Administration Act, the Companies Act, and the Consumer Protection Act).
7. Contact
Information Officer: icenrosesstore@gmail.com
POPIA Compliance Notice
In accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"), this notice informs you of how your personal information is processed by Ice 'N' Roses.
Responsible Party
Ice 'N' Roses, carrying on business at https://www.icenrosesgifts.co.za.
Your Rights Under POPIA
- The right to be notified of the collection and processing of your personal information.
- The right of access to your personal information held by us.
- The right to request correction, deletion or destruction of your personal information, subject to the Company's overriding legal and contractual obligations.
- The right to object to the processing of your personal information on reasonable grounds.
- The right to lodge a complaint with the Information Regulator at inforegulator.org.za.
Conditions of Lawful Processing
All eight (8) conditions of lawful processing under Chapter 3 of POPIA are observed: Accountability, Processing Limitation, Purpose Specification, Further Processing Limitation, Information Quality, Openness, Security Safeguards, and Data Subject Participation.
Cross-Border Transfers
Where personal information is transferred outside the Republic of South Africa (for example to cloud or email providers), such transfer shall only occur where adequate protection comparable to POPIA is in place, or with your explicit consent.
Direct Marketing
By submitting your details or placing an order, you expressly consent to receive electronic communications from us regarding our products, services and promotions. You may opt out at any time via the unsubscribe mechanism in each communication.
Data Breaches
In the event of a confirmed security compromise resulting in unauthorised access to personal information, we will notify affected data subjects and the Information Regulator as soon as reasonably possible, as required by Section 22 of POPIA.
Terms & Conditions of Sale and Use
By accessing, browsing, ordering from, or otherwise using this website, you unconditionally agree to be bound by these Terms & Conditions. If you do not agree, you must discontinue use immediately.
1. Parties
These Terms constitute a binding agreement between Ice 'N' Roses ("the Company") and you ("the Customer").
2. Orders & Acceptance
All orders are subject to acceptance by the Company at its sole and absolute discretion. The Company reserves the right to refuse, cancel or limit any order for any reason, including but not limited to pricing errors, stock unavailability, suspected fraud, or breach of these Terms. A contract of sale is concluded only upon dispatch confirmation.
3. Pricing & Errors
All prices are in South African Rand (ZAR) and include VAT where applicable. In the event of an obvious pricing or description error, the Company may, at its sole discretion, cancel the affected order without liability, notwithstanding any prior confirmation.
4. Payment
Payment must be received in full prior to dispatch. Accepted methods include PayFast, Ozow and such other methods as displayed at checkout. All payment processing is conducted by independent third-party gateways and the Company accepts no liability for any act or omission of such gateways.
5. Delivery
Delivery is charged at R9 per kilometre calculated from our dispatch location to the delivery address. Delivery timelines are indicative only and not guaranteed. The Company shall not be liable for any delay, loss or damage arising from courier handling, force majeure, incorrect address details, or recipient unavailability.
6. Risk & Title
Risk in the goods passes to the Customer upon handover to the courier. Title passes only upon receipt of full payment in cleared funds.
7. Returns, Refunds & Cancellations
Perishable and personalised goods (including fresh/preserved floral arrangements) are non-refundable and non-returnable save where expressly required by the Consumer Protection Act. All claims of defect must be submitted in writing with photographic evidence within 24 hours of delivery, failing which they shall be deemed waived.
8. Intellectual Property
All content on this website, including text, images, logos, designs, product photography and source code, is the exclusive intellectual property of the Company or its licensors. Any reproduction, distribution, or derivative use without prior written consent is strictly prohibited and will be prosecuted to the fullest extent of the law.
9. Limitation of Liability
To the maximum extent permitted by law, the Company's aggregate liability to the Customer for any claim arising from these Terms or any purchase shall be limited to the purchase price of the affected goods. The Company shall in no event be liable for indirect, consequential, incidental, special, punitive or exemplary damages, loss of profits, loss of goodwill, or loss of opportunity.
10. Indemnity
The Customer indemnifies and holds the Company, its directors, employees, agents and affiliates harmless against any and all claims, damages, losses, costs and expenses (including legal fees on the attorney-and-own-client scale) arising from the Customer's breach of these Terms or misuse of the website.
11. Force Majeure
The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, pandemic, riot, strike, load-shedding, courier failure, or governmental action.
12. Governing Law & Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the exclusive jurisdiction of the Magistrate's Court having jurisdiction, notwithstanding that the claim may exceed such court's monetary jurisdiction.
13. Severability & Entire Agreement
If any provision is found unenforceable, the remainder shall continue in full force. These Terms constitute the entire agreement between the parties and supersede all prior representations.
14. Amendments
The Company reserves the right to amend these Terms at any time without prior notice. Continued use of the website constitutes acceptance of the amended Terms.
Consumer Protection Act Disclosure
This disclosure is made in terms of the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").
Supplier Details
- Trading Name: Ice 'N' Roses
- Website: https://www.icenrosesgifts.co.za
- Contact: icenrosesstore@gmail.com
Cooling-Off (Section 44 ECTA)
Electronic transactions in respect of non-perishable, non-personalised goods may be cancelled within seven (7) days of delivery without reason or penalty, subject to the goods being returned unused, undamaged, and in original packaging at the Customer's cost. This right does not apply to:
- Perishable goods, including fresh and preserved floral arrangements;
- Personalised or custom-made goods;
- Goods made to the Customer's specifications;
- Sealed goods unsealed after delivery;
- Auction, clearance or promotional items marked "final sale".
CPA Section 55 — Implied Warranty
The Company warrants goods to be of good quality, safe, and reasonably suitable for the purpose for which they are generally intended, for a period of six (6) months from delivery, as provided in Section 56 of the CPA. This warranty excludes defects arising from ordinary wear and tear, misuse, neglect, improper storage, or alteration by the Customer.
Refund Policy
Where a refund is lawfully due, it will be processed to the original payment method within ten (10) business days of receipt and inspection of the returned goods. The Company reserves the right to deduct a reasonable handling fee and any diminution in value.
Complaints & Dispute Resolution
Complaints must be submitted in writing to icenrosesstore@gmail.com. If unresolved within thirty (30) days, the Customer may refer the matter to the National Consumer Commission (thencc.gov.za) or the Consumer Goods and Services Ombud (cgso.org.za).
No Waiver of Statutory Rights
Nothing in these notices shall limit or exclude any right or remedy afforded to the Customer under the CPA which cannot, by law, be limited or excluded.
