Terms and Conditions
Welcome to our website and thank you for using this site and for purchasing
from us. Your use of this website indicates your acceptance of these terms and
conditions and your agreement to follow and be bound by them.
This site is owned and
operated by Indicrafts. Purchases made from the site are subject to the terms
and conditions of this Agreement, to the exclusion of all other terms. By your
use of this site, you acknowledge that you have read, understood and agreed to
be bound by this Agreement, and the other policies displayed on this site.
1.
Introduction
1.1 This website can be
accessed at www.indicrafts.co.za, software applications (the “Website”)
and is owned and operated by Indicrafts.
1.2 These Website Terms and
Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of
Goods, and the use of the Website.
1.3 These Terms and
Conditions are binding and enforceable against every person that accesses or
uses this Website (“you”, “your” or “user”), including without limitation each
user who registers as contemplated below (“registered user”). By using the
Website, as may be applicable, you acknowledge that you have read and agree to
be bound by these Terms and Conditions.
2.
Important Notice
2.1 These Terms and
Conditions apply to users who are consumers for purposes of the Consumer
Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and
Conditions contain provisions that appear in similar text and style to this
clause and which -
2.2.1 may limit the risk or
liability of Indicrafts; and/or
2.2.2 may create risk or
liability for the user; and/or
2.2.3 may compel the user to
indemnify Indicrafts or a third party; and/or
2.2.4 serves as an
acknowledgement, by the user, of a fact.
2.3 Your attention is drawn
to these Terms and Conditions because they are important and should be
carefully noted.
2.4 If there is any
provision in these Terms and Conditions that you do not understand, it is your
responsibility to ask Indicrafts to explain it to you before you accept the
Terms and Conditions or continue using the Website.
2.5 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
Indicrafts in terms of the CPA.
2.6 Indicrafts 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.
3. Returns
3.1 Please refer to our
Returns Policy for more information about returning products (and related
refunds, replacements or repairs). The Returns Policy is incorporated by
reference (which means that it forms part of these Terms and Conditions).
4. Use of
the website
4.1 Only registered users
may order Goods on the Website.
4.2 To register as a user,
you must provide a unique username and password and provide certain information
and personal details to Indicrafts. You will need to use your unique username
and password to access the Website in order to purchase Goods.
4.3 You agree and warrant
that your username and password shall:
4.3.1 be used for personal
use only; and
4.3.2 not be disclosed by
you to any third party.
4.4 For security purposes
you agree to enter the correct username and password whenever ordering Goods,
failing which you will be denied access.
4.5 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.
4.6 You agree to notify Indicrafts
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.
4.7 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.
4.8 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 Indicrafts representative (such consent is deemed given for standard
search engine technology employed by Internet search websites to direct
Internet users to this Website).
4.9 You may not use the
Website to distribute material which is defamatory, offensive, contains or
amounts to hate speech or is otherwise unlawful.
4.10 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 Indicrafts representative.
5.
Conclusion of sales and availability of stock
5.1 Registered users may
place orders for Goods, which Indicrafts may accept or reject. Whether or not Indicrafts
accepts an order depends on the availability of Goods, correctness of the
information relating to the Goods (including without limitation the price) and
receipt of payment or payment authorisation by Indicrafts for the Goods.
5.2 NOTE: Indicrafts will
indicate the acceptance of your order by delivering the Goods to you or
allowing you to collect them, and only at that point will an agreement of sale
between you and Indicrafts come into effect (the “Sale”). This is
regardless of any communication from Indicrafts stating that your order or
payment has been confirmed. Indicrafts will indicate the rejection of your
order (by Indicrafts itself) by cancelling it and, as soon as possible
thereafter, refunding you for any amount already paid.
5.3 Prior to delivery or
your collection of the Goods, you may cancel an order at any time provided you
do so before receiving a dispatch or delivery notice. After delivery or your
collection of the Goods, you may return the Goods only in accordance with the
Returns Policy.
5.4 Placing Goods in a Wishlist
or shopping basket without completing the purchase cycle does not constitute an
order for such Goods, and as such, Goods may be removed from the shopping basket
if stock is no longer available or the price thereof might change without
notice to you. You cannot hold Indicrafts or the liable if such Goods are not
available or are not available at the particular price when you complete or
attempt to complete the purchase cycle at a later stage.
5.5 You acknowledge that
stock of all Goods on offer is limited and that pricing may change at any time
without notice to you. In the case of Goods for sale by Indicrafts, Indicrafts will
take all reasonable efforts to monitor stock levels and ensure that when stock
is no longer available, that offers thereof are discontinued on the Website.
However, we cannot guarantee the availability of stock. When Goods are no
longer available after you have placed an order, Indicrafts will notify you and
you will be entitled to a refund of any amount already paid by you for such
Goods.
5.6 Certain Goods may not be
purchased for re-sale. Should we suspect that any such Goods are being purchased
for sale, we are entitled to cancel your order immediately on notice to you.
6. Payment
6.1 We are committed to
providing secure online payment facilities. All transactions are encrypted
using appropriate encryption technology.
6.2 Whether the Goods are
for sale by Indicrafts, payment can be made for Goods via -
6.2.1 debit card;
6.2.2 credit card: 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;
6.2.3 direct bank deposit or
electronic funds transfer: if you pay via direct bank deposit or electronic
funds transfer, payment must be made within 5 (five) days of placing your
order. Indicrafts will not accept your order if payment has not been received.
6.3 You may contact us via
email at info@indicrafts.co.za
to obtain a full record of your payment. We will also send you email
communications about your order and payment.
6.4 Once you have selected
your payment method (direct bank deposit), you will be directed to a link to a
secure site for payment of the applicable purchase price for the Goods.
7. Delivery
of goods
7.1 All items purchased on
the Website will be delivered by courier to you.
7.2 Our delivery charges are
subject to change at any time, without prior notice to you. You will see the
applicable delivery charges in your cart when you check out.
7.3 Where it accepts your
order, Indicrafts will 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.
7.4 Indicrafts 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. Indicrafts 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.
8. Errors
8.1 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.
9. Privacy
policy
9.1 We respect your privacy
and will take reasonable measures to protect it, as more fully detailed below.
9.2 Should you decide to
register as a user on the Website, we may require you to provide us with
personal information which includes but is not limited to -
9.2.1 your name and surname;
9.2.2 your email address;
9.2.3 your physical address;
9.2.4 your gender;
9.2.5 your mobile number;
and
9.2.6 your date of birth.
9.3 Should your personal
information change, please inform us and provide us with updates to your
personal information as soon as reasonably possible to enable us to update your
personal information.
9.4 You may choose to
provide additional personal information to us, in which event you agree to
provide accurate and current information, and not to impersonate or
misrepresent any person or entity or falsely state or otherwise misrepresent
your affiliation with anyone or anything.
9.5 Subject to clause 9.6
below, we will not, without your express consent:
9.5.1 use your personal
information for any purpose other than as set out below:
9.5.1.1 in relation to the
ordering, sale and delivery of Goods;
9.5.1.2 to contact you
regarding current or new Goods or services or any other goods offered by us or
any of our divisions and/or partners (unless you have opted out from receiving
marketing material from us);
9.5.1.3 to inform you of new
features, special offers and promotional competitions offered by us or any of
our divisions and/or partners (unless you have opted out from receiving
marketing material from us); and
9.5.1.4 to improve our
product selection and your experience on our Website by, for example,
monitoring your browsing habits, or tracking your sales on the Website; or
9.5.2 disclose your personal
information to any third party other than as set out below:
9.5.2.1 to our employees
and/or third party service providers who assist us to interact with you via our
Website, email or any other method, for the ordering of Goods or when
delivering Goods to you, and thus need to know your personal information in
order to assist us to communicate with you properly and efficiently;
9.5.2.2 to our divisions
and/or partners (including their employees and/or third party service
providers) in order for them to interact directly with you via email or any
other method for purposes of sending you marketing material regarding any current
or new goods or services, new features, special offers or promotional items
offered by them (unless you have opted out from receiving marketing material
from us);
9.5.2.3 to law enforcement,
government officials, fraud detection agencies or other third parties when we
believe in good faith that the disclosure of personal information is necessary
to prevent physical harm or financial loss, to report or support the
investigation into suspected illegal activity, or to investigate violations of
these Terms and Conditions;
9.5.2.4 to our service
providers (under contract with us) who help with parts of our business
operations (fraud prevention, marketing, technology services etc). However, our
contracts dictate that these service providers may only use your information in
connection with the services they perform for us and not for their own benefit;
9.5.2.5 to our suppliers in
order for them to liaise directly with you regarding any faulty Goods you have
purchased which requires their involvement; and
9.6 We are entitled to use
or disclose your personal information if such use or disclosure is required in
order to comply with any applicable law, subpoena, order of court or legal
process served on us, or to protect and defend our rights or property. In
the event of a fraudulent online payment, Indicrafts is entitled to disclose
relevant personal information for criminal investigation purposes or in line
with any other legal obligation for disclosure of the personal information
which may be required of it.
9.7 We will ensure that all
of our employees, third party service providers, divisions and partners
(including their employees and third-party service providers) having access to
your personal information are bound by appropriate and legally binding
confidentiality obligations in relation to your personal information.
9.8 We will -
9.8.1 treat your personal
information as strictly confidential, save where we are entitled to share it as
set out in this policy;
9.8.2 take appropriate
technical and organisational measures to ensure that your personal information
is kept secure and is protected against unauthorised or unlawful processing,
accidental loss, destruction or damage, alteration, disclosure or access;
9.8.3 provide you with
access to your personal information to view and/or update personal details;
9.8.4 promptly notify you if
we become aware of any unauthorised use, disclosure or processing of your
personal information;
9.8.5 provide you with
reasonable evidence of our compliance with our obligations under this policy on
reasonable notice and request; and upon your request, promptly return or
destroy any and all of your personal information in our possession or control,
save for that which we are legally obliged to retain.
9.9 We will not retain your
personal information longer than the period for which it was originally needed,
unless we are required by law to do so, or you consent to us retaining such
information for a longer period.
9.10 Indicrafts undertakes
never to sell or make your personal information available to any third party
other than as provided for in this policy.
9.11 Whilst we will do all
things reasonably necessary to protect your rights of privacy, we cannot
guarantee or accept any liability whatsoever for unauthorised or unlawful
disclosures of your personal information, whilst in our possession, made by
third parties who are not subject to our control, unless such disclosure is as
a result of our gross negligence.
9.12 If you disclose your
personal information to a third party, such as an entity which operates a
website linked to this Website or anyone other than Indicrafts, Indicrafts SHALL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A
RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is
because we do not regulate or control how that third party uses your personal
information. You should always ensure that you read the privacy policy of any
third party.
9.13 This website makes
use of “cookies” to automatically collect information and data through the
standard operation of the Internet servers. “Cookies” are small text files a
website can use (and which we may use) to recognise repeat users, facilitate
the user’s on-going access to and use of a website and allow a website to track
usage behaviour and compile aggregate data that will allow the website operator
to improve the functionality of the website and its content, and to display
more focused advertising to a user by way of third party tools. The type of
information collected by cookies is not used to personally identify you. If you
do not want information collected through the use of cookies, there is a simple
procedure in most browsers that allows you to deny or accept the cookie
feature. Please note that cookies may be necessary to provide you with certain
features available on our Website, and thus if you disable the cookies on your
browser you may not be able to use those features, and your access to our
Website will therefore be limited. If you do not disable “cookies”, you are
deemed to consent to our use of any personal information collected using those
cookies, subject to the provisions of this clause 14.
10. Changes
to these Terms and Conditions
10.1 Indicrafts so may, in
its sole discretion, change any of these Terms and Conditions at any time. It
is your responsibility to regularly check these Terms and Conditions and make
sure that you are satisfied with the changes. Should you not be satisfied, you
must not place any further orders on, or in any other way use, the Website.
10.2 Any such change will
only apply to your use of this Website after the change is displayed on the
Website. If you use the Website after such amended Terms and Conditions have
been displayed on the Website, you will be deemed to have accepted such changes.
11.
Electronic communications
11.1 When you visit the
Website or send emails to us, you consent to receiving communications from us
or any of our divisions or partners electronically in accordance with our
privacy policy as set out in clause 14 above.
12.
Ownership and copyright
12.1 The contents of the
Website, including any material, information, data, software, icons, text,
graphics, lay-outs, images, sound clips, advertisements, video clips, trade
names, logos, trade-marks, designs and service marks which are displayed on or
incorporated in this Website (“Website Content”) are protected by law,
including but not limited to copyright and trade mark law. The Website Content
is the property of Indicrafts, its advertisers and/or sponsors and/or is
licensed to Indicrafts.
12.2 You will not acquire
any right, title or interest in or to the Website or the Website Content.
12.3 Any use, distribution
or reproduction of the Website Content is prohibited unless expressly
authorised in terms of these Terms and Conditions or otherwise provided for in
law. To obtain permissions for the commercial use of any Website Content
contact us via email at info@indicrafts.co.za.
12.4 Where any of the
Website Content has been licensed to Indicrafts or belongs to any third party,
your rights of use will also be subject to any terms and conditions which that
licensor or third party imposes from time to time and you agree to comply with
such third party terms and conditions.
13.
Disclaimer
13.1 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.
13.2 Whilst Indicrafts takes
reasonable measures to ensure that the content of the Website is accurate and
complete, Indicrafts 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 Indicrafts representatives, Indicrafts shall not be bound thereby.
13.3 Indicrafts 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.
13.4 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.
13.5 Any views or statements
made or expressed on the Website are not necessarily the views of Indicrafts,
its directors, employees and/or agents.
13.6 In addition to the
disclaimers contained elsewhere in these Terms and Conditions, Indicrafts 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 Indicrafts, its
employees, agents or authorised representatives. Indicrafts 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.
14
Limitation of liability
14.1 Indicrafts 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 Indicrafts, its employees,
agents or authorised representatives. You are encouraged to contact us to
report any possible malfunctions or errors by way of email to info@indicrafts.co.za
14.2 Indicrafts 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.
14.3 YOU HEREBY INDEMNIFY Indicrafts
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.
15.
Availability and termination
15.1 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.
15.2 Indicrafts may in its
sole discretion terminate, suspend and modify this Website, with or without
notice to you. You agree that Indicrafts 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.
15.3 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.
15.4 At any time, you can
choose to stop using the Website, with or without notice to Indicrafts.
16.
Governing law and jurisdiction
16.1 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.
16.2 In the event of any
dispute arising between you and Indicrafts, you hereby consent to the
non-exclusive jurisdiction of the High Court of the Republic of South Africa
(Gauteng Division, Cape Town) notwithstanding that the quantum in the action or
proceedings may otherwise fall below the monetary jurisdiction of that court.
16.3 Nothing in this clause
22 or the Terms and Conditions limits your right to approach any court,
tribunal or forum of competent jurisdiction in terms of the CPA.
17. Notices
17.1 You hereby select the
delivery address specified with your order as your legal address, but you may
change it to any other physical address by giving Indicrafts not less than 2
days’ notice in writing.
17.2 Notices must be sent
either by hand, prepaid registered post, telefax or email and must be in
English. All notices sent -
17.2.1 by hand will be
deemed to have been received on the date of delivery;
17.2.2 by prepaid registered
post, will be deemed to have been received 10 days after the date of posting;
17.2.3 by email will be
deemed to have been on the date indicated in the “Read Receipt”
notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF
THE “READ RECEIPT” FUNCTION to serve as proof that an email has been
received.
18.
Information
18.1 For the purposes of the
ECT Act, Indicrafts information is as follows, which should be read in
conjunction with its product descriptions and other terms and conditions
contained on the Website:
18.1.1 Full name:Indicrafts (Pty) Ltd a private company
registered in South Africa with registration
number: 2024/059136/07
18.1.2 Main business: Trading
18.1.3 Physical address for
receipt of legal service (also postal and street address): Shop 35, Eden on the Bay, Big Bay, Cape Town (marked
for attention: Director and Legal)
18.1.4 Phone number: +27 813817212
18.1.5 Official email address: info@indicrafts.co.za
19. General
19.1 Indicrafts may, in its
sole discretion, at any time and for any reason and without prior written
notice, suspend or terminate the operation of the Website or the user’s right
to use the Website or any of its contents subject to us processing any orders
then already made by you.
19.2 You may not cede,
assign or otherwise transfer your rights and obligations in terms of these
Terms and Conditions to any third party.
19.3 Any failure on the part
of you or Indicrafts to enforce any right in terms hereof shall not constitute
a waiver of that right.
19.4 If any term or
condition contained herein is declared invalid, the remaining terms and
conditions will remain in full force and effect.
19.5 No variation, addition,
deletion, or agreed cancellation of the Terms and Conditions will be of any
force or effect unless in writing and accepted by or on behalf of the parties
hereto.
19.6 No indulgence,
extension of time, relaxation or latitude which any party (the “grantor”) may
show grant or allow to the other (the “grantee”) shall constitute a waiver by
the grantor of any of the grantor’s rights and the grantor shall not thereby be
prejudiced or stopped from exercising any of its rights against the grantee
which may have arisen in the past or which might arise in the future.
19.7 These Terms and Conditions contain the
whole agreement between you and Indicrafts and no other warranty or undertaking
is valid, unless contained in this document between the parties.
