CECILE AND BOYD TERMS AND CONDITIONS
YOUR USE OF OUR WEBSITE (AS DEFINED BELOW) IS SUBJECT TO THESE TERMS AND CONDITIONS ("TERMS"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
ALL OF THE PROVISIONS OF THESE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THE PARTS WHICH ARE IN CAPITAL LETTERS AND BOLD TEXT AS THESE TERMS HAVE IMPORTANT CONSEQUENCES FOR YOU.
1. What do these Terms regulate?
1.2 The website located at www.cecileandboyd.com (our "Website") is made available by Cecile and Boyds cc trading as Cecile and Boyd ("Cecile and Boyd"/”C&B”/"we"/"our"/"us"). Any reference to "Cecile and Boyd", “C&B”, "we", "our" or "us" includes our employees, officers, members, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3 These Terms apply to:
1.3.1 any person who uses, accesses, refers to, views and/or downloads the information made available by us on our Website for whatever purpose (hereinafter referred to as "users" or "you" or "your"); and
1.3.2 the order or purchase of any product(s) offered for sale on our Website or purchased from us (the “products”).
2. Your agreement to these Terms
2.1 YOUR USE OF OUR WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS WHICH WILL RESULT IN THE TERMS BECOMING A LEGAL CONTRACT BETWEEN YOU AND US.
3. Products, Content and Specifications
3.1 Many of our products are made from natural materials and/or are handmade, which may result in a variation of the colour, texture and composition from product to product. Variations of this kind are characteristics of a natural and/or handmade product and do not constitute a defect or damage.
3.2 All features, content, specifications, products and prices of products and services described or depicted on our Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
3.3 Cecile and Boyd makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours, however, the actual colour you see will depend on your computer system or the nature of the light in which the relevant product was photographed, and accordingly we cannot guarantee that the colours of our products will always be accurately displayed on our Website.
3.4 The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from us. By placing an order, you represent that the products ordered will be used only in a lawful manner.
4. Accuracy of Information
4.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the information on our Website, the information on our Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on our Website. For example, products included on our Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
4.2 You understand and agree that the information, details, descriptions and prices set out on our Website may change from time to time. Our Website may therefore not always contain the correct or most up-to-date information, details and descriptions of products. You are advised to contact us at email@example.com before using or relying on our Website.
5. Shipping Limitations and Defects
5.1 When an order is placed, it will be shipped to an address designated by you and as long as that shipping address is compliant with the specific shipping restrictions for your country. You must ensure that someone is available to collect the order on your behalf at your chosen address.
5.2 Please note that, should nobody be available at your chosen address to accept delivery of the product(s) at the time arranged for delivery, we reserve the right to charge you an additional fee for storage and redelivery of the product(s) ordered by you.
5.3 Risk of loss and title for product(s) purchased from us will pass to you upon payment of the purchase price in respect of the product(s). Upon delivery, and before signing for the acceptance of the product(s), you are responsible for checking that the contents are intact and that there are no breakages, missing items or defective products.
6.1 You may enquire about product(s) from us by email by providing us with the specifications and quantity of the product(s) you intend purchasing from us.
6.2 Orders are confirmed once we have responded to your enquiry via email with a quote and description for the product(s) and you have accepted such quote and description.
6.3 Orders for product(s) may be changed and/or cancelled within 2 (two) business days of receipt of our confirmatory email relating to your order.
7. The Purchase Price
7.1 The price of the product(s) is inclusive of VAT (value added tax).
7.2 The total amount payable by you includes the price of the product(s) as well as the packaging and other charges as may be set out in the confirmatory email and order, unless otherwise agreed by us.
7.3 The price of the product(s) is exclusive of delivery costs. Should you require your product(s) to be delivered to your chosen address, we will arrange delivery for you, on your behalf and at your own cost. In this regard, delivery will be subject to the delivery service provider’s terms and conditions at the relevant time. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF THE ACTIONS AND/OR OMISSIONS OF THE DELIVERY SERVICE PROVIDER.
7.4 Should you so require, we will arrange insurance cover in respect of the product(s) for the period from which the product(s) are collected from us or our agents until the product(s) are delivered to you. This insurance cover will be at your cost. The type and extent of insurance is dependent on the method of delivery elected by you (e.g. by post, courier or transport company). If you request that no insurance be taken, risk of any loss whatsoever will pass to you as soon as the third party transport company collects the product(s) from us.
7.5 The product(s) will not be shipped until we have received payment in full for the shipment, insurance, delivery charges and prices of the product(s) ordered (as the case may be) unless you hold an approved trade account with Cecile and Boyd.
8. Electronic Communications
8.1 By using our Website and accepting these Terms, you agree that all agreements, notices, disclosures and any other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be in "writing". For the purposes of this paragraph, a "data message" means data generated, sent, received or stored by electronic means.
8.2 You agree specifically that:
8.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of our Website;
8.2.2 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
8.2.3 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
8.2.4 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
8.3 While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to you. We also may require verification of certain information prior to the acceptance and/or shipment of any order to you.
9. Use of our Website
9.1 The design of our Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from our Website are protected by copyright, trade mark and other laws and may not be used except as permitted by these Terms or with prior written permission of Cecile and Boyd and its licensors, if applicable.
9.2 You may not modify the information or materials displayed on or that can be downloaded from our Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trade mark laws, laws of privacy and publicity, and other laws and regulations.
10. Trade marks
Certain trade marks, trade names, service marks and logos used or displayed on our Website are registered and unregistered trade marks, trade names and service marks of Cecile and Boyd and its affiliates. Other trade marks, trade names and service marks used or displayed on our Website are the registered and unregistered trade marks, trade names and service marks of their respective owners. Nothing contained on our Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks, trade names, service marks or logos displayed on our Website without the written permission of Cecile and Boyd or such other owner.
11. Linking to our Website
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying our Website or any information or material displayed on our Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to our Website must comply will all applicable laws, rule and regulations.
12. Third-Party Links
12.1 From time to time, our Website may contain links to websites that are not owned, operated or controlled by Cecile and Boyd or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website.
12.2 Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Website, you do so entirely at your own risk.
13. User Information
13.2 We and our affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
14.1 YOUR USE OF OUR WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITE ARE, TO THE EXTENT ALLOWED BY LAW, PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CECILE AND BOYD NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH OUR WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITE MAY BE OUT OF DATE, AND NEITHER CECILE AND BOYD NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
14.2 ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR WEBSITE.
14.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15. Limitations of Liability
15.1 Cecile and Boyd assumes no responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our Website, or your downloading of any information or materials from our Website. IN NO EVENT WILL CECILE AND BOYD OR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR WEBSITE, ANY WEB SITES LINKED TO OUR WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15.2 IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITE.
16. Revisions to these Terms
We reserve the right to revise these Terms at any time. In order to determine which version of our Terms are applicable to your use of our Website and/or your purchase of our product(s), please take note of the effective date specified in such revised Terms. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of our Website.
17. Choice of Law; Jurisdiction
These Terms supersede any other agreement between you and Cecile and Boyd to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of Republic of South Africa without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to our Website will be brought only in the courts of Republic of South Africa. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of our Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our Website at any time without notice.
19. Information required in terms of section 33 of the Consumer Protection Act, 68 of 2008 (the "CPA")
If you order any product(s) displayed on our Website without having the opportunity to inspect the product(s) before placing your order, we are required by section 33 of the CPA to provide you with the following information:
19.1 our name and registration number: Cecile and Boyds CC t/a Cecile and Boyd, a close corporation incorporated in accordance with the company laws of the Republic of South Africa with registration number CK 1989/018757/23;
19.2 our business address: 253 Florida Road, Morningside, Durban, 4001, Republic of South Africa;
19.3 a record of the transaction, which we will provide to you once you have placed an order for any product(s) with us, which must include the following information:
19.3.1 our full name, or registered business name, and VAT registration number;
19.3.2 the address of the premises from which the product(s) was supplied;
19.3.3 the date on which the transaction occurred;
19.3.4 a name or description of any product(s) to be supplied;
19.3.5 the unit price of any product(s) to be supplied;
19.3.6 the quantity of any product(s) to be supplied;
19.3.7 the total price of the transaction, before any applicable taxes;
19.3.8 the amount of any applicable taxes; and
19.3.9 the total price of the transaction, including any applicable taxes;
19.4 the currency in which amounts for the product(s) is payable;
19.5 the delivery arrangements, including:
19.5.1 the identity of the shipper;
19.5.2 the mode of transportation; and
19.5.3 the place of delivery to you;
19.6 our cancellation, return, exchange and refund policies, if any (as set out in these Terms and the Returns Policy);
19.7 should you be dissatisfied with the product(s), any complaints which you may have must be addressed, in writing, to firstname.lastname@example.org
20. Cooling-off period in terms of section 16 of the CPA
20.1 If an order for any of our products has been placed by you as a result of direct marketing by way of online brochures or catalogues e-mailed directly to you by us, you may cancel the order or the purchase of such products, within 5 (five) business days after the later of the date on which:
20.1.1 the transaction for the product(s) was concluded; or
20.1.2 the product(s) purchased under the abovementioned transaction were delivered to you.
20.2 Should you decide to cancel an order and return any product(s) ordered from us, you will only be refunded for the price of the product(s) within 15 (fifteen) business days after:
20.2.1 receiving your notice cancelling the order of any product(s) which have not yet been delivered to you; or
20.2.2 receiving the product(s) from you which we supplied to you under the transaction.
20.3 Please note that we may charge you a reasonable amount should any of the product(s) require any repair or restoration so that they may be re-sold by us. You will be liable for all delivery, insurance, packaging, courier and other shipping charges arising from the return of the product(s) to us in terms of this paragraph 20.
20.4 PLEASE NOTE THAT WE WILL NOT ACCEPT ANY PRODUCT(S) WHICH HAVE BEEN PARTIALLY OR ENTIRELY DISASSEMBLED, PHYSICALLY ALTERED, PERMANENTLY INSTALLED, AFFIXED, ATTACHED, JOINED OR ADDED TO, BLENDED OR COMBINED WITH, OR EMBEDDED WITHIN, OTHER GOODS OR PROPERTY.
21. Variation of certain deeming provisions in the Electronic Communications and Transactions Act, 25 of 2002
21.1 By using our Website, you agree that these Terms create a binding contract between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:
21.1.1 the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of our Website;
21.1.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
21.1.3 your use of our Website is sufficient evidence of your agreement to these Terms;
21.1.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
21.1.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
21.1.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
22. Additional Assistance
If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at +27 21 424 8890.
23.1 International orders are generally subject to local import fees, duty, customs, VAT charges or additional taxes in the country of destination.
23.2 TO THE EXTENT THAT YOU REQUIRE PRODUCTS PURCHASED FROM US TO BE DELIVERED TO YOU OUTSIDE OF THE REPUBLIC OF SOUTH AFRICA, YOU WILL BE SOLELY LIABLE FOR ALL COSTS WHICH MAY BE APPLICABLE THERETO, INCLUDING LOCAL IMPORT FEES, DUTY, CUSTOMS, VAT CHARGES, ANY OTHER ADDITIONAL TAXES AND DELIVERY CHARGES.
23.3 If you require specific information about these potential charges, we advise you to kindly contact the relevant local government import office.
Certain countries have import limitations and restrictions which need to be considered at the time of the order. WE ARE NOT RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY OF THESE RESTRICTIONS AND/OR LIMITATIONS. It is therefore your responsibility to determine whether any restrictions will apply.
25. Effective Date
These Terms will apply to your access of our Website, and/or the order or purchase of any product(s) from us on or after 1 October 2015.