Terms and Conditions
Sections:
- Introduction
- Important Notice
- Definitions and Interpretation
- Terms of Use
- Detailed Description of Products and / or Services
- Registration and use of the website
- Payment Options
- Returns Policy
- Order Cancellation Policy
- Late or missing refunds (if applicable)
- Intellectual Property
- Title to Products
- Risk of loss
- Delivery Policy
- Errors
- Gift Vouchers and Coupons
- Disclaimer
- Linking to third party websites
- Limitation of Liability
- Availability and Termination
- Governing law and jurisdiction
Introduction:
Important Notice:
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of The company or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify The company or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The company to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The company in terms of the CPA.
The company permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
If you are not yet 18 years old, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our Terms of Use prior to you accessing our website, using any of the services on our website or participating in any of the activities offered. If you are under 18 years old and fail to obtain such consent you may not access our website, use the services or participate in the activities available via our website.
The company may, in its sole discretion, change the Terms of Use or any part thereof at any time without notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these Terms of Use at all times prior to using this website since the then current version of the Terms of Use will apply to your use.
Definitions and Interpretation:
“Products” means any goods or other products that are made available by us via this website.
“We”, “us” and “our” means The company (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates).
“You” means the user of this website.
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms of Use.
Terms of Use:
You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
You may not access this website for any purpose other than for utilising the services offered on it in the normal manner. You may not access our website for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this website in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this website for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this website by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this website.
Notwithstanding that this website may contain links to third party websites and that some third party websites may contain links to this website. We do not control, endorse or approve the activities or content of any such third party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.
Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this website belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub licensable and royalty free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
The downloading and use of data contained on this website is done at your sole discretion and risk.
Access to our website services is provided to you free of charge. Reliance on and use of our website, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this website or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the website inclusive of changes to these Terms of Use including those relating to our ordering service. It is your responsibility to review our Terms of Use on each occasion prior to making use of this website and our ordering service. If you continue to use this website after our amended Terms of Use have been posted on the website, it will constitute your deemed acceptance of such amended Terms of Use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this website.
You may be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You accept that you will be personally liable for all transactions concluded on your account.
We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use and visits of this website. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for the purpose of processing your orders and instructions.
The company shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Detailed Description of Products and / or Services:
The company is a business in the e-Commerce industry that markets products in the greeting cards category. These products comprise of those provided by The company suppliers and may also be manufactured/produced by The company.
Registration and use of the website:
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to The company. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify The company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised The company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised The company representative.
Payment Options:
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Accepted Payment may be made via Payfast, Zapper or Ozow through our ecommerce store and in certain circumstances by bank transfer into the The company bank account, details will be provided on request. Payfast, Zapper, and Ozow are all externally recognized as safe payment solutions, and thus The company cannot accepted any responsibility for any payment errors that may occur as a result of these services.
Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
You may contact us via our Contact Us page to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Returns Policy:
If you are not completely satisfied with your purchase, we will accept returns for merchandise within 14 days of purchase for most orders. With a receipt, we offer a refund in the same manner in which the original sale was made for the returned items. All items must be returned in new condition with original packaging and contents. Items cannot be returned without a receipt. Price adjustments for orders already placed will not be honored.
Merchandise cannot be returned to retail stores or our stockists for a refund. All items must be returned by courier, please repackage it, enclose the packing slip and send it back to us. We recommend using an insured, trackable shipping method. If you do not have the packing slip, please enclose a note with your name, billing address, order # and order date. You will be responsible for any return shipping charges.
If your card is damaged on arrival, please reach out to us at orders@cozacards.com with pictures of the damage and we will work with you to remedy the situation.
Order Cancellation Policy:
We cannot honor order cancellation requests. We are trying to fulfill all of our orders as quickly as possible to ensure that you have your cards for the holidays so each order is pulled from our inventory immediately after it comes in so we can ship it as quickly as possible. Please see our return policy.
Late or missing refunds (if applicable):
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.If you’ve done all of this and you still have not received your refund yet, please contact us at orders@cozacards.com.
Intellectual Property:
All content available on this website, including, but not limited to, trademarks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content“) is the property of The company, its affiliates, partners or licensors. Neither the Content, the trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without The company written consent.
Title to Products:
We will retain the legal ownership of the Products until full payment has been made by you and such payment has been received by us.
Risk of loss:
Risk in the Products will pass to you upon the dispatch of the item for delivery. We cannot be held liable for any damage or loss suffered by you or any third party once we have dispatched the Product.
Delivery Policy:
The company offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or
self-collection – please check with us first on where our collection points are first before choosing this option.
All delivery times quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party.
Where it accepts your order, The company will request a courier service to deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
The company obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.
The company is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Errors:
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Gift Vouchers and Coupons:
The company may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of The company Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically: Gift Vouchers.
Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that The company gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
The company is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
Coupons.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
Coupons are issued in The company sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per promotion/campaign;
Percentage Coupons may only be redeemed on purchases with a total cart value of less than R1,000;
where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
a Coupon must be used at check-out – it cannot be used later on existing orders; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. The company is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If The company confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by The company, before you are able to use a Coupon.
Disclaimer:
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst The company takes reasonable measures to ensure that the content of the Website is accurate and complete, The company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by The company representatives, The company shall not be bound thereby.
The company disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of The company, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, The company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The company, its employees, agents or authorised representatives. The company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites:
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The company is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of Liability:
The company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of The company, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
The company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY The company AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and Termination:
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
The company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
The company is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by The company to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The company, in whole or in part, on notice to you. The company shall only be liable to refund monies already paid by you (see The company Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to The company.
Governing law and jurisdiction:
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website 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 these Terms and Conditions.