- Terms & Conditions
Terms & Conditions
1.1 Welcome to the Paka Paka website at http://www.pakapaka.com. Please read these terms and conditions ("Terms and Conditions") so that you can understand how they apply to your use of http://www.pakapaka.com (the "Website") and products that you may purchase on the Website.
1.2 Sloane & Madison (Pty) Limited, registration number 2012/047985/07 is a private company duly incorporated in the Republic of South Africa ("we" or "us" as the case may be). We own and operate the Website. We can be contacted on 082-575-5557 or firstname.lastname@example.org.
1.3 Please browse or use our Website. You may use this for your own personal, non-commercial shopping and information purposes only, and no other purpose. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms and Conditions.
1.4 By using this Website, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them. These Terms and Conditions constitute the whole of the agreement between us relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated in these Terms and Conditions shall be binding on either of us.
1.5 We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, decide to do so.
2 INTERPRETATION AND DEFINITIONS
In these Terms and Conditions –
2.1 "order" means the order submitted by you offering to purchase a product or products from this Website at the stated price;
2.2 "products" means the products for sale to be found on this Website;
2.3 "account" means the account you may choose to register before you submit order/s;
2.4 "delivery partner" means DHL, an international courier company;
2.6 "business days" means any day other than a Saturday, Sunday or public holiday; and
2.7 "business hours" means the hours between 08h30 and 17h00 on any business day. Any reference to time shall be based on South African Standard Time.
3 REGISTRATION AND ORDER
3.1 When making an order, you must be over 18 years of age, possess a valid credit card or be authorised to use a valid credit or debit card and register for an account on the Website. To place the order you should follow the given instructions.
3.2 When you order a product from this Website, you are offering to buy it at the price stated on the Website.
3.3 We reserve the right to refuse your offer to purchase a product from our Website or to cancel an order you placed for any reason which includes but is not limited to the following –
3.3.1 the product being sold out or unavailable;
3.3.2 inability to obtain authorisation of payment; and/or
3.3.3 the identification of an error within the product information, including price or promotion.
3.4 Should we accept your offer to purchase a product from this Website, a sale agreement will be concluded between you and us.
4 METHODS OF PAYMENT
4.1 Payments can be made online using valid Visa or MasterCard credit cards.
4.2 By submitting your order, identity number and payment card details, you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
5 OUR SHIPPING POLICY
5.1 Once we have received and accepted your order, we will arrange for the delivery thereof to your shipping address. You will be notified by email once your order has been dispatched and this email will also contain information regarding the manner in which your order can be tracked.
5.2 You will not be able to change your shipping address once an order has been placed. It is thus your responsibility to ensure that the shipping address you give us is accurate.
5.3 It is your responsibility to ensure that someone will be at your shipping address and in a position to take receipt of and sign for the order on your behalf at the time so arranged with our shipping partner. Should nobody be in attendance at the time of delivery, our shipping partner will keep the products, leave a notice at the shipping address and attempt to contact you to make new arrangements for delivery or collection. In this situation, we reserve the right to charge an additional delivery or storage fee should it be required in the circumstances and/or to cancel your order, in which case we will refund to you the net amount due to you (i.e. the difference in your total order purchase price and the return delivery costs).
5.4.2 If, for any reason, our shipping partner cannot reach you, we will provide you with instructions to either collect the product(s) directly from our shipping partner or to re-arrange the delivery. In this situation, we reserve the right to charge an additional delivery or storage fee should it be required in the circumstances and/or to cancel your order, in which case we will refund to you the net amount due to you (i.e. the difference in your total order purchase price and the return delivery costs).
5.5 We shall bear the full costs of shipping your order to you.
5.6 Ownership in the goods you order will pass to you once they are dispatched. Risk will pass to you once you or a third party acting on your behalf, as the case may be, take(s) delivery of the order either by signing for receipt of the goods, as the case may be. Once risk has passed to you, goods will be held at your own risk and we will not be liable for their subsequent loss or destruction.
5.7 We will be responsible for insuring the contents of your order from the time that is in transit to you, regardless of the shipping method you select.
5.8 Time is not of the essence in these Terms and Conditions. Whilst we will take all reasonable steps to ensure that you receive your order within the time indicated during secure checkout, we will not be liable for any delay in the delivery of the products once they have been dispatched by us and are in the possession of our courier partner.
6 RETURNS AND EXCHANGES
6.1 All items bought at www.pakapaka.com can be returned to us.
6.2 You have the right to return any returnable item to us within 7 (seven) calendar days from the date on which you received your order subject to the terms and conditions set out in this clause.
6.3 Should you wish to return an item(s), you must email email@example.com to obtain your Return Authorization Number.
6.4 Any request that is not submitted in terms of clause 6.3 above will not be accepted as a valid return request and we reserve the right to reject same.
6.7 We shall bear the cost of returning the item(s) to us and make arrangements to have the item(s) collected at your shipping address.
6.8 Once we have received your returned item(s) and provided we receive same in its original and complete packaging (including any boxes, protective packaging and/or documentation) in the condition it was in when delivered to you and within a reasonable time, we shall refund you the amount you paid for the item(s). Please note that all of our items undergo strict quality control checks before being despatched to you.
6.9 Subject to clause 3.8, we shall refund you by crediting the payment card you used for your purchase with the applicable amount as soon as possible and in any event within two weeks of the date on which you placed your order.
6.10 We will not refund you for a returned item where in our reasonable opinion the item(s) has, following the sale to you, been worn or become of an unacceptable quality due to fair wear and tear, misuse, failure to use it in accordance with the manufacturer's instructions, use in an abnormal way or failure to take reasonable care.
We cannot always guarantee the availability of products from this Website. We will update our Website as soon as we become aware of any product becoming unavailable. Should we be unable to supply each and every item ordered in the quantities ordered, you nevertheless agree to accept delivery and make payment for the products correctly delivered.
8 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
8.1 These terms are subject to the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 ("Electronic Communications Act") and any of the terms that are in conflict with any of the compulsory provisions of the Electronic Communications Act will be deemed to have been modified so as to comply with such provisions of the Electronic Communications Act.
8.2 In terms of the Electronic Communications Act, we will provide you with the opportunity to review the entire transaction, correct any mistake and withdraw from the transaction before placing an order.
9 INTELLECTUAL PROPERTY
9.1 We either own or are licensed the rights to use all intellectual property and/or other material on this Website. You are only permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful, non-commercial use, a failure to do so will constitute an unlawful infringement of our or our licensors intellectual property rights.
10 USE OF OUR LOGOS, CONTENT AND IMAGES
You may not use the content of our Website, our logos or any other images that appear on our Website without our or our licensors' prior written consent. A failure to comply with this will constitute an unlawful infringement of our or our licensors intellectual property rights.
11 ADVERTISING AND HYPERLINKS
External hyperlinks and advertising may appear on our Website. These hyperlinks do not constitute any relationship between us and any linked third party or any endorsement by us of such third party. We do not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.
These Terms and Conditions are governed by and construed under the laws of the Republic of South Africa.
13 FORCE MAJEURE
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of these Terms and Conditions attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
13.2 Either you or we may terminate the agreement under these Terms and Condtions forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
Any notice under these Terms and Conditions shall be in writing. Unless otherwise expressly stated in these Terms and Conditions, all notice from you to us must be in writing and sent by email to firstname.lastname@example.org. All notices to you from us shall be sent to your physical address or email addresss, whichever is last known to us.
15 PAYMENT AND SECURITY
15.1 We ask for your name, telephone number, home address, email address, delivery address and payment method details when you want to make a purchase on our Website.
15.2 All transactions concluded on our website are processed by our payment gateway partner, PayPal.
15.3 We will take all reasonable measures to keep your personal information, order and payment details secure. However, we cannot be held liable if an event beyond our reasonable control results in loss to you.
16 ACCURACY OF WEBSITE CONTENT
16.1 We do not warrant that the content or information displayed on our Website is always accurate, complete and/or current.
16.2 Prices in printed publications are correct at the time of publication. However, we reserve the right to amend these prices post-publication without prior notification.
17 AMENDED OR UPDATED TERMS
We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of the Website will mean you accept any updated or revised Terms and Conditions.
18 DISCLAIMERS AND EXCLUSIONS OF LIABILITY
Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We accept no liability, to the extent permitted by law, for any damages, howsoever arising, whether direct, indirect, incidental, special or consequential loss from the access or use of our Website or the purchase of any of the products or services.
19.1 These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by us from time to time, for so long as the Website exists and is operational. We shall be entitled to terminate these Terms and Conditions and/or shut down the Website at any time (subject to processing any orders then already placed and accepted by us).
19.2 No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.
19.3 If any clause in these Terms and Conditions be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
19.5 Any and all copyright subsisting in the Website vests in us or our licensors as the case may be and all rights not expressly granted are reserved.
20 OUR LIABILITY IN RESPECT OF YOUR ORDER(S)
20.1 If any item(s) we deliver is not what you ordered, is damaged or defective or of an incorrect quantity, we shall have no liability to you unless you return the item to us in accordance with clause 6 above.
20.2 If you do not receive goods ordered by you within 10 (ten) business days of the date on which you received your shipment notification email, we shall have no liability to you unless you notify us by email to email@example.com or telephone (the details of which appear on the website) of non-delivery within 14 (fourteen) business days.
20.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any non-delivery and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
20.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site, if needed. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
20.5 Notwithstanding the aforegoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer in terms of any applicable law.
21 GIFT CARDS
All gift cards purchased on this Website are non-refundable and expire after 1 (one) year.
22 ENTIRE AGREEMENT AND VARIATIONS
22.2 We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our site may contain technical inaccuracies or typographical errors.
22.3 We reserve the right to amend these Terms and Conditions from time to time without prior notice to you and your continued use of the website (or any part thereof) following such change shall be deemed to constitute your acceptance of such amendment(s). It is your responsibility to peruse these terms and conditions regularly and, if you do not agree to anything contained therein, desist from any further use of this website.