Terms and Conditions of Sale
Between (i) Komfy Cheeks, Reg No 2018/346534/07 (“the Company/Komfy Cheeks”); and (ii) you (the “User”).
- ACCEPTANCE OF TERMS. The services, products, materials and information offered by means of the use of this website and/or the online services feature are provided to you, as the User, subject to your acceptance of the terms and conditions of this agreement. When using, browsing or accessing this website and/or online services, you accept all the terms and conditions of this agreement, including, in particular, the limitations on use, liability and warranty set out hereunder.
- OWNERSHIP. This website, the content thereof, the products and the online services are the property of the Company and all proprietary rights therein vest in the Company. Ownership of all intellectual property rights, including the trade marks indicated on the website, vest in the Company and/or its affiliates/suppliers. The User is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of the Company. The User shall, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this website, and not, other than for his personal and non-commercial use, mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; copy, adapt, modify or re-use the text or graphics from this website without prior written permission of the Company.
- NO IMPROPER USE OR UNLAWFUL CONDUCT. The User will not use this website and any of the services offered for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, insult or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User is resident or conduct business; activities designed to encourage unlawful behavior by others; terrorist acts; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party.
- USE OF SERVICES. The User agrees that it will only use this website, the information contained hereon and the online services in respect of the specific purposes for which it is created for. In using the website, information or online services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another's account, password, service or system without authorization from the Company, (e) access or attempt to access any service or content which the User is not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User own or control the rights thereto or have received all necessary authority to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
- YOUR ACCOUNT. As a registered user of the Services, you will be required to establish an account. Never reveal your account information, log in and/or password to anyone. You are responsible for keeping last mentioned confidential and for any activity on your account. If you suspect a breach of this security you have to inform the Company without delay and on receipt, the Company may reject any orders not yet executed and deactivate your access codes and account. The Company will not be responsible for any losses due to the unauthorized use of the account.
- LIMITATION OF LIABILITY. The use of this website and online services is on the User's own risk. The Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers will not be liable to the User or any third party for any damages whatsoever, the Company provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent permitted by law.
- INDEMNITY. The Company and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers will not be liable, the Company provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent permissible by law, for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) the User's use of the website and online services; (b) the User's violation of these terms and conditions or (c) the User's violation of any law, rule or regulation or the rights of any other person or entity.
- THIRD PARTY SITES AND SERVICES. This website and online services may also make available other
- NO WARRANTY. Except as expressly provided otherwise in a written agreement between the User and the Company, the Company provides the Services with the following LIMITATIONS ON ITS LIABILITY to the maximum extent permitted by the prevailing law; this website, online services, and all products, materials and services offered through or in association with such features, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Company and its suppliers make no warranty that (a) the website, online service, other services, products or materials will meet the User's requirements, (b) the website, online service, other services products or materials will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to, (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable, (d) the quality of the website, online service, or any products, materials or other services will meet the User's expectations and (e) any errors in 0any software obtained from or used through the website, online services, products and materials, or any defects in the services and products or materials, will be corrected, or that (f) the information provided will be accurate. The Company reserves the right to suspend the Services for indefinite periods and/or cancel same without notice to you.
- RETURNS. Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. Additional non-returnable items: Gift cards; Downloadable software products; Some health and personal care items and customised or personalised products. To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.There are certain situations where only partial refunds are granted: (if applicable).
- REFUNDS. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Late or missing refunds (if applicable); If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
- ACCURACY OF INFORMATION AND PRODUCTS. The website and online services and other services, products and materials could include technical or other mistakes, inaccuracies or typographical errors. The Company may make changes to the website, online services, other services, information, products and materials, including the prices and descriptions of any products, at any time, without notice to you.
- MODIFICATION. The Company reserves the right to change these terms and conditions. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User's continued use of the website and online services constitutes the User's agreement to the terms and conditions current at that time.
- GENERAL. This agreement constitutes the entire agreement between the parties. In the event of the invalidity/illegality of any part or portion of this agreement for any reason whatsoever, such invalidity/illegality shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid/illegal part or portion shall be deemed to have been struck out of the agreement as if it was never written. No waiver by the Company in respect of the User's actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User's obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof.
- GOVERNING LAW AND JURISDICTION. These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa in a South African Court.
- ADVERTISING, SALES & PROMOTIONS. Komfy Cheeks will attempt to have sufficient stock available to meet anticipated consumer demand (unless it specifically indicates a limitation on the amount of stock available).