These are the Terms & Conditions, the small print, the nitty gritty. It looks like a lot, (Lawyers! Wordy bunch) but really it’s just to make sure that we understand each other and all get the best out of the site.
TERMS AND CONDITIONS OF SALE
- This website, which is accessible at allkindsofkind.co.za (“this website”), is made available by All Kinds of Kind (Pty) Ltd, a company incorporated in terms of the laws of the Republic of South Africa, with registration number 2019/006060/07 (“All Kinds of Kind”, “we”, “us” and “our”).
1.2. These Terms and Conditions of Sale (“Terms and Conditions”) govern the ordering, sale and delivery of goods.
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 and by clicking on the “Register” button on the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. The website enables you to shop online for an extensive range of goods which may include, inter alia, beauty, skincare and other cosmetic products, foodstuffs and hygiene and cleaning products (“goods”), as well as gift vouchers and coupons for use on this website.
- 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 All Kinds of Kind; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify All Kinds of Kind; 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 All Kinds of Kind 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 All Kinds of Kind in terms of the CPA.
2.6. All Kinds of Kind 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.
- REGISTRATION AND USE OF THE WEBSITE
3.1. Only registered users may order goods on the website.
3.3 You will need to use your unique username and password to access the website in order to purchase goods.
3.3. You agree and warrant that your username and password shall:
3.3.1. be used for personal use only; and
3.3.2. not be disclosed by you to any third party.
3.4. For security purposes, you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access.
3.5 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.
3.6 You agree to notify All Kinds of Kind 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.
- CONCLUSION OF SALES AND AVAILABILITY OF STOCK
4.1. Registered users may place orders for goods, which All Kinds of Kind may accept or reject. Whether or not All Kinds of Kind 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 All Kinds of Kind for the goods.
4.2. All Kinds of Kind will indicate the acceptance of your order by delivering the goods to you, and only at that point will an agreement of sale between you and All Kinds of Kind come into effect (the “sale”). This is regardless of any communication from All Kinds of Kind stating that your order or payment has been confirmed. All Kinds of Kind will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.3. In the event that you wish to cancel your order after payment, but before your order has been dispatched for delivery, All Kinds of Kinds will, subject to its discretion, confirm cancellation of your order and, as soon as possible thereafter, refund the full purchase amount to you.
4.4 After dispatch of your goods for delivery, you may only cancel the sale in accordance with clause 6, relating to our returns policy, below.
4.5. Placing goods in a 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. You cannot hold All Kinds of Kind liable if such goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
4.6. You acknowledge that stock of all goods on offer is limited. In the case of goods for sale by All Kinds of Kind, All Kinds of Kind 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 placing an order, All Kinds of Kind will notify you and you will be entitled to a refund of the amount paid by you for such goods.
4.7 All Kinds of Kind may offer various gift voucher and coupon products on this website, at its discretion. Upon purchase of any such gift voucher or coupon from this website, or upon your receipt of any coupon as part of any promotion offered by All Kinds of Kind, you will receive an email confirming the validity of such gift voucher or coupon and recording the code to be used at checkout in applying the gift voucher or coupon to your purchase.
- DELIVERY AND SHIPPING
5.1 Orders are dispatched via one of the following options:
5.1.1 Major Centres / Cities (including but not limited to):
E.g. Pretoria, Johannesburg, Benoni, Midrand, Kempton Park, Bloemfontein, Cape Town, Durban, East London, Port Elizabeth, George, Pietermaritzburg.
5.1.2 Outlying Areas / Special Deliveries (including but not limited to):
E.g. Farms, mines, game farms, holiday resorts and other areas not regularly serviced by nor easily accessible for the selected courier company.
5.2 All orders to Major Centres will be subject to a standard shipping charge as stipulated at checkout, the payment of which will be included in your overall transaction for the purchase of the goods.
5.3 If your order is required to be dispatched to an outlying area, or requires a special dedicated trip in order to deliver the shipment, additional charges may be levied by All Kinds of Kind, over and above the standard shipping charge. Any additional applicable charges will be stipulated at checkout, the payment of which will be included in your overall transaction for the purchase of the goods.
5.4 All orders will be shipped via a courier company of All Kinds of Kind’s choice, and will be shipped via door-to-door delivery only.
5.5 All Kinds of Kind only offers delivery as stipulated above and does not offer the option of collection at its premises. You will therefore not be entitled to collect the goods from any place or area in lieu of shipping costs.
- RETURN AND REFUNDS POLICY
6.1 The provision of goods by All Kinds of Kind is subject to availability. In cases of unavailability, All Kinds of Kind will contact you with options subject to clause 4 above.
6.2 If a product is damaged or broken when you receive it, you must inform All Kinds of Kind within one working day of receiving it. We will then make arrangements for a replacement product to be sent to you on our account or to refund you in full for the damaged or broken product, depending on the individual circumstances and our capacity at that time.
6.3 If you receive the wrong product, you must contact All Kinds of Kind within one working day. We will check our system to see whether an incorrect delivery has occurred. If there was an incorrect delivery, we will arrange to swap the ‘wrong’ product for the one actually ordered on our account.
7.1 We do our utmost to ensure that, to the best of our knowledge, all information regarding the products promoted and sold on this website is accurate and up to date and the products cause no harm to our customers or the environment. We, however, are not responsible for the manufacturing or packaging of any such products. As such, we cannot guarantee that no error has occurred on the part of the manufacturer and All Kinds of Kind accepts no responsibility for the accuracy or completeness of information provided on the website.
7.2 Product formulations and packaging may change without notice, and the product you receive may contain additional details or may differ from the product information on this website.
7.3 We recommend that you research the complete information in respect of the product that you receive, including, inter alia, the ingredients lists, allergens statements, warnings and directions, before consumption and that you do not rely solely on the information contained on this website.
7.4 Products sourced from third party manufacturers are merely sold on this website as part of our bundled service. Therefore, if you have any questions about product ingredients, allergen statements, warnings or directions, please contact the product manufacturer directly.
7.5 Furthermore, any claim arising from the use of any products purchased from this website must be directed to the manufacturer thereof.
7.6 We do not accept responsibility for any adverse reactions that any of the products listed on this website may cause. While we have taken every reasonable measure to ensure that the products promoted on this website are of the highest quality and safety, the recommendations on this site are not the advice of a medical practitioner. We therefore advise the consultation of a medical practitioner if there is ever any doubt as to the use of the products.
7.7 All Kinds of Kind reserves the right to revise and/or discontinue products available on this website at any time, to limit order quantity at any time without notice and to change prices and promotions at any time without notice.
7.8 All Kinds of Kind does not accept liability beyond the remedies set forth herein, including any liability for products or any consequential damages arising therefrom, or for any claim by any third party.
WEBSITE TERMS AND CONDITIONS OF USE
- ACCEPTANCE OF THESE TERMS AND CONDITIONS
- This website, which is accessible at allkindsofkind.co.za (“this website”), is made available by All Kinds of Kind (Pty) Ltd, a company incorporated in terms of the laws of the Republic of South Africa, with registration number 2019/006060/07 (“the owner”).
- You hereby warrant that you have the legal capacity to enter into this agreement as these terms and conditions apply and are binding to persons 18 and older. If you are unsure whether you have the legal capacity to enter into this agreement, please consult with someone to assist you with this information before continuing to use this website.
- Subject to clause 1.6 below, the page you are reading sets out the terms and conditions on which you may use, access, refer to, or view (individually and collectively referred to as “use”) this website and the information, content, products or services available on or through this website (“the website content”), whether or not the website content is provided by or belongs to the owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The website content includes, but is not limited to, any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks that are displayed on or incorporated in this website.
- Your use of this website constitutes acceptance of these terms and conditions as outlined in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) of the Republic of South Africa.
- If you accept these terms and conditions, you must comply with all of these terms and conditions. If you do not agree to these terms and conditions, you will not be allowed to use this website and the website content, and you must immediately delete all copies of the website content in your possession or under your control. This includes, but is not limited to, any website content that has been copied or cached by you.
- In addition to these terms and conditions, you acknowledge that the owner may at any time impose additional terms and conditions relating to any service, content, products, facilities or functionality that is made available by the owner, or the owner’s affiliates, subsidiaries, holding companies or partners, by way of this website or otherwise (“the additional terms and conditions”). If you wish to use these services, content, products, facilities or functionality, you must agree to the additional terms and conditions.
- You are allowed to print a copy of these terms and conditions. If you have any difficulty printing these terms and conditions or require assistance in obtaining a hard copy or electronic copy of these terms and conditions or of the additional terms and conditions, contact Samantha Koenderman at email@example.com.
- The clause headings in these terms and conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these terms and conditions.
- Any reference in these terms and conditions to the singular includes the plural and vice versa. Any reference in these terms and conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.
- Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
- Defined in these terms and conditions will bear the same meaning throughout these terms and conditions;
- Not defined in these terms and conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
- In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
- References to “writing” or notices “in writing” by the owner in these terms and conditions only includes writing on paper signed in ink by an authorised representative of the owner and specifically excludes any writing that may be in electronic form.
- No relaxation or indulgence that the owner may grant to you will be deemed to be a waiver of any of the owner’s rights in these terms and conditions or in law.
- In the event of any conflict between these terms and conditions and any additional terms and conditions, the additional terms and conditions will prevail.
- The termination of the agreement created by these terms and conditions will be without prejudice to any other rights or remedies that you or the owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of you or the owner nor the coming into or continuance in force of any provision of these terms and conditions that is expressly or by implication intended to come into or continue in force on or after such termination.
- VARIATION / AMENDMENTS / UPDATES OF THESE TERMS AND CONDITIONS
- Subject to the variations or amendments provided for in terms of clause 3.2 below, no other variation or amendment, in any form whatsoever, of these terms and conditions will be enforceable or binding on the owner, unless the owner has agreed to such variation or amendment in writing.
- The owner reserves the right, without notice, to change, modify, amend, add to or remove portions or whole parts of these terms and conditions from time to time permanently or temporarily. All updates and/or amendments to the terms and conditions are effective on the date that All Kinds of Kind publishes them on the website.
- The responsibility is on you to determine whether any updates and/or amendments have been made on these terms and conditions. Your continued use of the website after the updates and/or amendments have been made to the terms and conditions, has the effect of you agreeing to be bound by the new terms and conditions.
- SCOPE OF PERMITTED USE
- Subject to these terms and conditions, and any additional terms and conditions, you may only use this website and the website content to view, refer to, or print this website and the website content for lawful, personal and non-commercial purposes (“the permitted use”). The permitted use does not extend to the source code of this website or of the source code of any software or computer program that forms part of the website content.
- PROHIBITED ACTS
- You are not allowed to perform any act that is not fair use within the context of the scope of the permitted use or which has not been expressly approved by the owner in writing (“the prohibited acts”). The prohibited acts include, but are not limited to:
- Not to engage in any abuse of e-mail or spamming, including the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients where such messages are not specifically solicited;
- Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights or carries a criminal sanction;
- Not to post or transmit any message, data, image or programme which is illegal, offensive, threatening, abusive, harassing, harmful or hateful data, image or programme;
- Not to post or transmit any message, data, image or programme which violates the intellectual property rights of the owner;
- Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not you intend to cause damage;
- Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes;
- Not to violate the privacy of any person, which shall include but shall not be limited to “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts;
- Not to intercept any information transmitted to or from the owner or the website which is not to be received by that person;
- Not to compromise or disrupt the security features whether directly or indirectly of the website;
- Not to interfere or disrupt another user of this website’s access to the website; and
- Not to assist in any form or manner whether directly or indirectly contravene any provisions in these terms and conditions.
- Should you engage in any of the above practices, the owner reserves the right to terminate, without notice, your access to the website.
- These terms and conditions and any restrictions on the use of this website or the website content will also apply to any part of this website or the website content that is cached when using this website or the website content.
- You must get the owner’s prior written approval if you wish to perform any of the prohibited acts, whether electronically or otherwise. Requests for approval must be submitted via the “Talk to Us” link, or to the email address stipulated in paragraph 1.8 above. The owner is entitled, in its sole discretion, to withhold or grant consent. The owner may also impose any conditions on any consent that is granted.
- When printing the website or the website content, you must ensure that the following copyright notice appears prominently on every page that is printed: “© All Kinds of Kind (Pty) Ltd. All rights reserved.”
- The owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
- The operation of this website or any of the website content; or
- Your right to use this website or any of the website content.
- You may not transfer any rights granted to you in terms of these terms and conditions to any other person or entity.
- The owner is allowed to grant the same, similar, additional or different rights to any other person or entity.
- You are solely responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you for purposes of the permitted use.
- EXCLUSION OF LIABILITY FOR USE OF THIS WEBSITE AND THE WEBSITE’S CONTENT
- Use of this website and the website content is entirely at your own risk.
- Subject to the provisions of the ECT Act and to the fullest extent allowed by law, the owner will not have any liability whatsoever in relation to this website and the website content. You hereby indemnify the owner against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this website or the website content, or any actions or transactions resulting therefrom, even if the owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
- In addition to the general scope of clauses 6.1 and 6.2 above and to the fullest extent allowed by law, the owner will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the website content for any reason whatsoever.
- The owner is not, and the owner shall not be liable for any damages arising from any fault, defect or undisclosed ingredient of the products.
- For the purposes of this clause 6, clause 7 and clause 8 below, any reference to the owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the owner.
- EXCLUSION OF WARRANTIES AND REPRESENTATIONS
- Any views or statements made or expressed on this website are not necessarily the views of the owner, the owner’s affiliates, subsidiaries, holding companies, partners, employees, officers, servants and/or agents.
- This website and the website content is provided “as is” and is subject to change without notice.
- Subject to the provisions of the ECT Act, this website and the website content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes, but is not limited to, any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the website content.
- The owner also makes no warranty or representation, whether express or implied, that the website content is free of viruses, destructive materials or any other data or code that is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software.
- You accept all risk associated with the existence of such viruses, destructive materials or any other data or code that 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.
- The owner does not accept any responsibility for any errors or omissions on this website or the website content.
- You must not rely on any warranty or representation that allegedly induced you to agree to these terms and conditions, unless the representation or warranty is recorded in these terms and conditions.
- This website and the website content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any institution, investment, service or product.
- REFERENCES AND LINKS TO AND FROM OTHER WEBSITES, PRODUCTS AND SERVICES
- This website may contain references or links to other websites (“other websites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these other websites or the opinions, products, services or conduct of third parties. Your use of other websites or the products or services of third parties will be entirely at your risk.
- Subject to the provisions of the ECT Act and to the fullest extent allowed by law, the owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of other websites or the opinions, products or services of third parties.
- You may not make (and you may not allow any third party to make) any reference to the owner, this website or the website content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the owner in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.
- INTELLECTUAL PROPERTY
- The website content, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos or trade marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the owner and/or third parties. Any unauthorised use of the website content is prohibited.
- Subject to clause 4 above, you will not acquire any right, title or interest in or to this website or the website content other than those rights expressly granted to you in these terms and conditions. Your rights of use are subject to these terms and conditions.
- Where any of the website content has been licensed to the owner or belongs to any third party, your rights of use will also be subject to any terms and conditions imposed by that licensor or third party from time to time and you agree to comply with such third-party terms and conditions.
- VARIATION OF CERTAIN DEEMING PROVISIONS IN THE ECT ACT
- By using this website, you agree that these terms and conditions create a binding agreement between the owner and you, even though these terms and conditions are wholly or partly in the form of a data message. You agree specifically that:
- The agreement will be treated as if it was concluded at the owner’s physical address detailed in clause 12.1 below on the date on which you first accessed and/or made any use of this website;
- An electronic signature is not required by you or the owner for purposes of agreeing to these terms and conditions. You agree that by using this website or the website content this will be sufficient evidence of your agreement to these terms and conditions;
- Any data message sent by you to the owner will be deemed to have been sent from the owner’s postal address detailed in clause 12.1. below if neither your usual place of business nor residence is located within the Republic of South Africa;
- Any data message sent by the owner to you will be deemed to have been received by you at the owner’s address detailed in clause 12.1. below if neither your usual place of business nor residence is located within the Republic of South Africa;
- Any communication sent to you by an information system programmed to operate automatically on behalf of the owner will not be a data message attributable to the owner or authorised by the owner;
- Subject to clause 10.1.5 above and clause 12 below of these terms and conditions, a data message sent by you to the owner will only be treated as having been received by the owner when an acknowledgement of receipt is sent by the owner personally or a person who had authority to act on behalf of the owner in respect of that data message; and
- This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the binding jurisdiction of the courts of the Republic of South Africa.
- INTERCEPTION AND MONITORING
- You agree that your communications on this website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of, by the owner or any other competent authority.
- MISCELLANEOUS MATTERS
- ADDRESSES FOR NOTICES:
- Except where stated otherwise in these terms and conditions, the owner’s address for the service of any notice is:
- Address: PO BOX 609
- Telephone: 071 021 7917
- Email: firstname.lastname@example.org
- Notices given to the above addresses will only be deemed to have been duly given:
- 14 days after posting, if posted by registered post to the owner’s postal address;
- 3 days after delivery, if delivered by hand to the owner’s physical address;
- DISPUTES, CLAIMS AND LEGAL PROCEEDINGS:
- Subject to clause 12.2.4 below, any dispute declared by you and any claim that you may have against the owner arising out of or in connection with these terms and conditions or the use of the website or the website content, including after termination, cancellation or amendment of these terms and conditions, may, at the election of All Kinds of Kind, be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the commercial arbitration rules of the Arbitration Foundation of Southern Africa.
- Subject to clause 12.2.4 below, if the owner declares a dispute with you, or wishes to institute any claim or legal proceedings against you arising out of or in connection with these terms and conditions or your use of the website or of the website content, the owner reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these terms and conditions.
- You agree that the owner is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these terms and conditions or your use of the website or of the website content, in any magistrates’ court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
- Neither you nor the owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
- Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the owner arising out of your use of this website or the website content, or a breach of these terms and conditions, will be borne by you.
- You may not cede, assign or transfer any of your rights and obligations in respect of these terms and conditions without the prior written consent of the owner.
- The owner is entitled to cede, assign or transfer any of the owner’s rights and obligations in these terms and conditions without your prior written consent and without notice to you.