This website can be accessed at www.salamanderafrica.co.za (the “Website”) and is owned and operated by Salamander
Africa Sales Company (Pty) Limited (“Salamander Africa”,
“we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”)
govern the ordering, sale and delivery of Goods, and the use of the Website.
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 “Sign Up” button on the Website, as may be applicable, you
acknowledge that you have read and agree to be bound by these Terms and
Conditions.
The Website enables you to shop online for an range of goods including corporate
gifts and clothing, tableware, pottery, clothing and accessories, African
beadwork and more (“Goods”).
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 Salamander Africa or a third party; and/or
may
create risk or liability for the user; and/or
may
compel the user to indemnify Salamander Africa 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 Salamander
Africa 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 Salamander
Africa in terms of the CPA.
Salamander Africa 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.
Returns
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).
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 Salamander Africa. 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 Salamander
Africa 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 Salamander
Africa 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 Salamander
Africa representative.
Conclusion
of sales and availability of stock
Registered users may place orders for Goods, which Salamander Africa or the Third
Party Seller may accept or reject. Whether or not Salamander
Africa or the Third Party Seller 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 Salamander Africa for the Goods.
NOTE: Salamander
Africa or the Third Party Seller 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 Salamander Africa or the Third Party
Seller come into effect (the “Sale”). This
is regardless of any communication from Salamander Africa stating that your
order or payment has been confirmed. Salamander Africa will indicate the
rejection of your order by cancelling it and, as soon as possible thereafter,
refunding you for any amount already paid.
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. If goods have been made to order, a non-refundable deposit of fifty
percent (50%) of the total value of the order will not be refunded. After
delivery or your collection of the Goods, you may return the Goods only in
accordance with the Returns Policy.
Placing Goods in a wish list, quote list 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 Salamander Africa 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.
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 Salamander
Africa, Salamander Africa 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, Salamander
Africa will notify you and you will be entitled to a refund of any amount
already paid by you for such Goods.
Payment
We are committed to providing secure online payment facilities. All
transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods for sale by Salamander Africa
via –
debit card;
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;
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. Salamander
Africa will not accept your order if payment has not been received;
cash on delivery (except where any of our exclusions apply); by
selecting this option, you undertake to ensure that you have the exact cash on
hand at the time of delivery.
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.
Delivery
of goods
Salamander Africa offers 2 (two) methods of delivery of Goods to you. You may elect
delivery via:
courier; or
self-collection.
Our delivery charges are subject to change at any time. You will see the
applicable delivery charges in your cart when you check out.
Where it accepts your order, Salamander
Africa 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.
Salamander Africa’s 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. Salamander Africa is not responsible for any loss, damage 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.
Salamander Africa shall not be bound by any incorrect information regarding our Goods
displayed on any third party websites.
Privacy
policy
We respect your privacy and will take reasonable measures to protect it,
as more fully detailed below.
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 –
your name and surname;
your email address;
your physical address;
your gender;
your mobile number; and
your date of birth.
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.
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.
Subject to clause insert below, we will not, without your express consent:
use your personal information for any purpose other than as set out
below:
in relation
to the ordering, sale and delivery of Goods;
to contact
you regarding current or new Goods or services or any other goods offered by us
or any of our divisions, affiliates and/or partners (unless you have opted out
from receiving marketing material from us);
to inform you
of new features, special offers and promotional competitions offered by us or
any of our divisions, affiliates and/or partners (unless you have opted out
from receiving marketing material from us); and
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
disclose your
personal information to any third party other than as set out below:
to our
employees 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;
to our divisions, affiliates 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);
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;
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;
to our
suppliers in order for them to liaise directly with you regarding any faulty
Goods you have purchased which requires their involvement; and
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, Salamander Africa 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.
We will ensure that all of our employees, third party service providers,
divisions, affiliates 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.
Ratings
and Reviews: When you provide a rating or
review of a Product, you consent to us using that rating or review as we deem fit,
including without limitation on the Website, in newsletters or other marketing
material. The name that will appear next to that rating or review is your First
Name, as you would have provided upon registration. If you do not agree to
this, please do not put any ratings or reviews on the Website. We will not
display your Last Name, nor any of your contact details, with a rating or
review.
We will –
treat your
personal information as strictly confidential, save where we are entitled to
share it as set out in this policy;
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;
provide you
with access to your personal information to view and/or update personal
details;
promptly
notify you if we become aware of any unauthorised use, disclosure or processing
of your personal information;
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.
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.
Salamander
Africa undertakes never to sell or make your personal information available to
any third party other than as provided for in this policy.
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.
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 15.
Changes
to these Terms and Conditions
Salamander Africa 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.
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.
Electronic
communications
When you visit the Website or send emails to us, you consent to
receiving communications from us or any of our divisions, affiliates or
partners electronically in accordance with our privacy policy as set out in
clause 15 above.
Ownership
and copyright
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 Salamander
Africa and its suppliers.
You will not acquire any right, title or interest in or to the Website
or the Website Content.
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.
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 Salamander Africa takes reasonable
measures to ensure that the content of the Website is accurate and complete, Salamander Africa 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 Salamander Africa’s representatives,
Salamander Africa shall not be
bound thereby.
Salamander
Africa 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 Salamander Africa,
its directors, employees and/or agents.
In
addition to the disclaimers contained elsewhere in these Terms and Conditions, Salamander
Africa 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 Salamander Africa,
its employees, agents or authorised representatives. Salamander Africa 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.
Limitation
of liability
Salamander
Africa 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 Salamander
Africa, its employees, agents or authorised representatives. You are encouraged
to contact us to report any possible malfunctions or errors by emailing
natalie@salamanderafrica.co.za.
SALAMANDER
AFRICA 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 SALAMANDER AFRICA 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.
Salamander
Africa may in its sole discretion terminate, suspend and modify this Website,
with or without notice to you. You agree that Salamander Africa 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.
At any time, you can choose to stop using the Website, with or without
notice to Salamander Africa.
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.
In the event of any dispute arising between you and Salamander Africa, you hereby
consent to the non-exclusive jurisdiction of the High Court of the Republic of
South Africa (Western Cape Division, Cape Town) notwithstanding that the
quantum in the action or proceedings may otherwise fall below the monetary
jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right
to approach any court, tribunal or forum of competent jurisdiction in terms of
the CPA.
Notices
Salamander Africa hereby selects 93 Marrakesh, 110 Hornbill Road,
Douglasdale, 2191 as its address for the service of all formal notices and legal
processes in connection with these Terms and Conditions (“legal address”). Salamander
Africa may change this address from time to time by updating these Terms and
Conditions.
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 Salamander Africa not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or
email and must be in English. All notices sent –
by hand will
be deemed to have been received on the date of delivery;
by prepaid
registered post, will be deemed to have been received 10 days after the date of
posting;
by telefax
before 16h30 on a business day will be deemed to have been received, on the
date of successful transmission of the telefax. All telefaxes sent after 16h30
or on a day which is not a business day will be deemed to have been received on
the following business day; and
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.
Complaints
We are a participant under the Consumer Goods and Services Industry
Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us, please
get in touch with us on natalie@salamanderafrica.co.za or you can contact Natalie
on 072 245 9445.
If we don’t resolve your complaint within 15 (fifteen) business days of
you having notified us of it, you are entitled to approach the Consumer Goods
and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s
contact details are: Website: http://www.cgso.org.za/
Sharecall: 0860 000 272 Email: complaints@cgso.org.za
Information
For the purposes of the ECT Act, Salamander
Africa’s information is as follows, which should be read in conjunction
with its product descriptions and other terms and conditions contained on the
Website:
Full
name: Salamander Africa Sales Company (Pty)
Ltd, a private company registered in South Africa with registration number 2019/069742/07
Main
business: Online retailer
Physical
address for receipt of legal service (also postal and street address): 93 Marrakesh, 110 Hornbill Road, Douglasdale, 2191.
Office
bearers: Natalie Bryden
Phone
number: +27 72 245 9445
Email
address: natalie@salamanderafrica.co.za
General
Salamander Africa 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.
You may not
cede, assign or otherwise transfer your rights and obligations in terms of
these Terms and Conditions to any third party.
Any failure
on the part of you or Salamander Africa to enforce any right in terms hereof
shall not constitute a waiver of that right.
If any term
or condition contained herein is declared invalid, the remaining terms and
conditions will remain in full force and effect.
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.
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.
These Terms
and Conditions contain the whole agreement between you and Salamander Africa and
no other warranty or undertaking is valid, unless contained in this document
between the parties.
