ONLINE SHOP TERMS
These Online Shop Terms set out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
INTRODUCTION
a. If you buy products on our website, you agree to be legally bound by these Online Shop Terms.
b. This contract is only available in English. No other languages will apply to this contract, so far as applicable law permits.
c. When buying any products, you also agree to be legally bound by:
i. the Terms Of Use
ii. extra terms that may add to, or replace some of, these Online Shop Terms. This may happen for legal reasons. We will contact you to let you know if we intend to do this, and you can cancel any order and receive a refund for any products paid for but not received.
iii. specific terms that apply to certain products. If you want to see these specific terms, please visit the relevant product web page. All these documents form part of these Online Shop Terms as though set out in full here.
SUMMARY OF CONSUMER LEGAL RIGHTS
a. This clause 2 shall only apply if you are a consumer on our website.
b. We are under a legal duty to supply products that are in conformity with these Online Shop Terms. See the box below for a summary of your key legal rights as a consumer in relation to the products. Nothing in these Terms will affect your legal rights.
c. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, you will find it on each product web page, or you can contact us by email.
d. The key information we give you by law forms part of these Online Shop Terms as though it is set out in full here.
e. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
a. Below, we set out how a legally binding contract between you and us is made.
b. You place an order on the website by following the on-screen instructions on the web page displaying the product you are interested in to (i) select the relevant product options when prompted and add the products to your basket, and, once you have finished selecting the products you wish to purchase, (i) enter your delivery and payment details.
c. Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
d. When you place an order for a product, we will require your payment details in order to pre-authorize payment with your bank.
e. We may contact you to say that we do not accept your order. This is typically for the following reasons:
the products are unavailable;
we cannot authorize your payment
you are not allowed to buy the products from us
we are not allowed to sell the products to you.
you have ordered too many products
there has been a mistake in the pricing or description of the products.
YOUR CANCELLATION RIGHTS SHOULD YOU CHANGE YOUR MIND
This clause will only apply if you are a consumer on our website.
a. You do not have the right to change your mind and cancel the contract between us for bespoke orders, such as editions, or where a product has been made to your specifications and is clearly personalized, unless that product is faulty.
b. Returns made in accordance with our Returns Policy are only accepted for products purchased directly from our website.
OUR CANCELLATION RIGHTS TO END THE CONTRACT
We may end the contract for a product at any time by writing to you if you do not, within a reasonable time:
a. provide us with information that is necessary for us to provide the product following a request by us for the information from you; or
b. allow us to deliver the product to you.
c. If we end the contract in the circumstances above, we will refund any money you have paid in advance for products not provided.
LIABILITY IF YOU ARE A CONSUMER
This clause will only apply if you are a consumer using our website. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
a. losses that:
b. were not foreseeable to you and us when the contract was formed; or
c. that were not caused by any breach on our part;
d. business losses; and
e. losses to non-consumers.
DELIVERY
a. The cost of delivery shall be notified to you before you place your order. We shall deliver the products to you as soon as reasonably possible, and in any event, within 30 days after the day on which your order is confirmed. For more details consult our Shipping and Returns
b. If the supply of the products is delayed by an event outside our control, we shall contact you as soon as possible to let you know and take steps to minimize the effect of the delay. In doing so, we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
c. Delivery will be completed when the products are delivered to the address supplied by you. Please note that occasionally, where multiple products have been ordered, these may be delivered to you separately, on different days.
e. The products will be your responsibility from the completion of delivery. In other words, the risk in the products passes to you when you take possession of the products.
f. You own the products once we have received payment in full, including all applicable delivery charges.
g. You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
PRICE OF PRODUCTS
a. The price to be paid for a product (which includes VAT) will be the price quoted on our website when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
b. Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
c. The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the website before you place your order.
9.5. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing we may end the contract, refund you any sums you have paid and require the returns of any goods provided to you.
PAYMENT
a. You can only pay for products using a debit card or credit card. We accept payment with Visa, MasterCard, AmEx and PayPal.
b. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.
c. Your credit card or debit card will only be charged when the products are dispatched.
d. If you think that a payment that has been debited from your debit card or credit card is wrong please contact us promptly to let us know.
e. If your payment is not received by us and you have already received the products, you:
i) must pay for such products within 5 days; or
ii) must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products), and not use them before you return them to us.
iii) If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
HOW WE MAY USE YOUR PERSONAL INFORMATION
a. We will use the personal information you provide to us:
b. to supply the products to you;
c. to process your payment for the products; and
d. if you agree to this during the order process, we give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
For more information on how we process the personal data you provide to us, please see our Privacy Policy.
GOVERNING LAW
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
THIRD-PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.
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