YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS BECAUSE THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED.
1.1 These Terms and Conditions apply to visitors of the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase, as well as to customers who purchase goods through this website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase.
1.2 When purchasing goods from DuviBuddy through this website or any other online or e- commerce based platform whereon DuviBuddy make available their products for purchase, Consumers agree to these Terms and Conditions and that DuviBuddy may inforce its rights herein without any prior notice to them.
1.3 By using the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase the Consumer acknowledge that they have read, and agree to be bound by these Terms and Conditions.
1.4 These Terms form an agreement between you and us, so please make sure that you understand all of them.
1.5 This Website is offered to you under provision and you agree that you will use the Website only in line with these Terms and any applicable laws, rules and regulations.
1.6 Terms may be changed or modified by us in future at any time without notice and your continued use or access of the Website signifies your acceptance of the updated or modified Terms.
1.7 Important clauses which may limit our responsibility or involve some risk for you, will be in bold and italics or highlighted. You must pay special attention to these clauses.
1.8 This Website is run by DuviBuddy (Pty) Ltd based in the Republic of South Africa(South Africa) with registration number 2018/530144/07. You can contact DuviBuddy (Pty) at: [email protected]
2. DuviBuddy’s information
2.1 The Electronic Communications and Transactions Act 25 of 2002 requires DuviBuddy (hereafter referred to as DuviBuddy) to disclose the following information:
2.1.1 Name: DuviBuddy, a South African private company with registration no: 2018/530144/07.
2.1.2 Status: DuviBuddy is an online seller and distributor of textiles and linen.
2.1.3 Directors: Jolette Walters and Elizabeth van Heerden
2.1.4 Physical address: [email protected]
2.1.5 Postal address: PostNet Suite 315, Private Bag X17, Weltevredenpark, 1715
2.1.6 Telephone number: 078 337 9955
2.1.7 Website: www.duvibuddy.com
2.1.8 Email address: [email protected]
3. Registering online
3.1 When registering as a user on DuviBuddy’s online store, Consumers agree to adhere to these Terms and Conditions.
3.2 Consumers will be asked for a user name and password every time that they make use of DuviBuddy’s website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase.
3.3 Consumers will remain personally responsible to keep their user name and password private and secure. DuviBuddy accepts no liability for any damages, losses or breach of confidential information that may be caused by unauthorised access to any Consumer’s profile or loss of a Consumer’s login details.
3.4 You must prohibit persons from using them. If you do not, you give up any claim you may have against us for any loss or damage you may suffer.
3.5 After your password has been entered, we will assume that any Transaction is genuine. Even if someone else used your password, we may process a Transaction as if you authorised it.
3.6 You must make sure that you log out of the DuviBuddy Website when you have finished using it to prevent anyone else from using it.
3.7 We are committed to providing safe online services. All uses of the DuviBuddy Website and Transactions through it are protected by encryption at international standards. The Personal Information you send through the DuviBuddy Website is encrypted. Only our authorised employees or agents have access to information related to the DuviBuddy Website.
4. Consumers’ obligations
4.1 A Consumer must be 18 years or older and permitted by law to enter into an agreement to be permitted to make use DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase.
4.2 A Consumer undertakes to provide DuviBuddy with accurate and correct information and that it will inform DuviBuddy of any changes to such information.
4.3 Consumers and other users of the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchases undertake to only use such platforms for the purpose for which it was intended.
4.4 Consumers and other users of the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchases undertake not to make any breach of the integrity, source code, data, databases or information on such platforms.
4.5 Consumers and other users of the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchases acknowledge that DuviBuddy may take any reasonable steps to enforce and protect their rights herein.
5. Goods and pricing
5.1 All goods displayed on DuviBuddy’s website are subject to availability.
5.2 If any goods ordered by a Consumer are not immediately available or are not available at all, DuviBuddy will let such Consumer know as soon as reasonably possible.
5.3 Goods are only available for delivery within the borders of the Republic of South Africa.
5.4 The stated prices on the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase are in South African Rands (ZAR) and are only valid and effective in the Republic of South Africa on the date of publication.
5.5 DuviBuddy has made every effort to accurately display the goods and information related thereto available on their website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase, but cannot guarantee the complete accuracy of such information or representation of the products due to device or other technical variables outside of their control, including variations on hand-made products. DuviBuddy can therefore not guarantee that any goods received will be exactly as described or represented, within reasonability.
5.6 DuviBuddy will not accept any order if there has been a material error as to the price or description of the goods. DuviBuddy will inform Consumers of such errors as soon as they become aware of them.
6.1 DuviBuddy will charge a delivery fee for every order placed. This fee will be provided for each order separately.
6.2 Standard delivery will take approximately 14 days from the date of order and will be dispatched within 1 week after the order has been placed.
6.3 The delivery fee and time may be amended at any time subject to reasonable notice being given to the Consumer.
6.4 DuviBuddy will arrange for delivery to the Consumer’s provided delivery address.
6.5 Deliveries are not done on weekends and public holidays and only within the borders of South Africa.
6.6 All deliveries and orders are subject to the availability of the goods ordered and the supply of accurate delivery address by the Consumer.
6.7 If DuviBuddy is unable to deliver the goods to a Consumer within the specified time, they will contact such a Consumer as soon as they become aware of any issues that will delay such delivery.
6.8 The Consumer or an authorised representative must be available at the delivery address. If anyone other than the Consumer responsible for the transaction accepts delivery of the goods at the delivery address, such a person will be presumed to be authorised to accept the goods on the Consumer’s behalf.
6.9 DuviBuddy may require the person accepting delivery to produce identification.
6.10 On delivery DuviBuddy will require that the Consumer or an authorised representative sign for delivery of the goods. This is to confirm that the goods have been received.
6.11 If no one is at the delivery address to accept delivery, DuviBuddy will contact the Consumer to arrange an alternative time for delivery. DuviBuddy reserve the right to charge an additional fee in the event of failed delivery on the fault of the Consumer.
6.12 DuviBuddy has outsourced all delivery and collection and will not be held liable for any damage or losses incurred arising out of any act or omission by the deliverer, its directors, employees, sub-contractors, agents or representatives.
6.13 DuviBuddy will not be held liable for any breach or unlawful act by the deliverer, its directors, employees, sub-contractors, agents or representatives.
6.14 DuviBuddy will take no responsibility for any late of failed delivery as a result of incorrect information being provided by the Consumer.
7.1 All transactions are handled by the available payment platforms presented on this website, on behalf of DuviBuddy.
7.2 Consumer are required to adhere to these entities’ Terms and Conditions or similar agreements, in addition to DuviBuddy’s Terms and Conditions.
7.3 DuviBuddy takes no liability or responsibility for any payments made through these entities, and the Consumer must ensure that it complies with such entities’ requirements for payment.
7.4 For these entities’ end user agreements please visit their applicable websites.
7.5 We are not responsible for any loss or damage you suffer because you repeated a
purchase and we repeated the debit.
7.6 You must not assume that we have received your order until you have received an order confirmation number from us.
7.7 We are not responsible for any loss you suffer if you enter the incorrect details for your transaction.
8.1 A Consumer may cancel any order within 3 days after placing such an order.
8.2 Any cancelations must be made by informing DuviBuddy in writing through the contact information available on the DuviBuddy website.
9.1 If a Consumer is unhappy with any purchase for any reason (other than for faulty or defective goods) and wish to return it, the Consumer may do so within 14 days of delivery of such goods.
9.2 Returns must be delivered to DuviBuddy at the following address: PostNet Suite #315, Private Bag X 17, Weltevredenpark, 1715.
9.3 The Consumer must inform DuviBuddy in writing within 3 days of delivery of its intention to deliver any goods. Such notice must be done through the contact information available on the DuviBuddy website.
9.4 The goods must be in their original condition and packaging and the Consumer must have the invoice and the delivery note when making any returns.
9.5 The Consumer will be responsible to complete any returns forms.
9.6 DuviBuddy undertakes to refund a Consumer in full for the returned goods, except for goods received as a gift. If goods were received as a gift, the Consumer will have to exchange the goods for goods of the same value and will be responsible for any additional costs, including delivery costs.
10. Faulty and defective goods
10.1 Should any unused goods delivered be faulty or defective, the Consumer may return them within 7 (seven) Days of the date of purchase, provided that the goods have not been used and maintained according to any instructions that accompanied such goods. Further, the Consumer will bear the costs of returning the goods.
10.2 DuviBuddy will bear the return costs for any defective or faulty goods. The return costs for the return of goods other that faulty or defective goods will be borne by the Consumer.
10.3 The Consumer may elect to have any faulty or defective goods either repaired, replaced at DuviBuddy’s costs, or refunded.
10.4 DuviBuddy undertakes to repair or replace any faulty or defective goods, or refund the Consumer to the exact amount of what such goods were originally purchased.
10.5 DuviBuddy reserves the right to assess any returned goods.
10.6 If DuviBuddy finds that the Consumer has not adhered to the correct use maintenance instructions of any goods returned, DuviBuddy will have the right to refuse the said refund and will hold the Consumer responsible for any reasonable costs incurred as a result of such.
11. Risk and ownership
11.1 Any risk in relation to any goods will pass to the Consumer upon receipt of such goods.
12.1 These Terms and Conditions, the relationship between DuviBuddy and the Consumer, or any dispute arising from or in connection with these Terms and Conditions or the use of the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
12.2 The Consumer’s continued use of the DuviBuddy website or any other online or e- commerce based platform whereon DuviBuddy make available their products for purchase will constitute its consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or other actions instituted by either party against the other.
12.3 Nothing in this clause or the Terms and Conditions limit the Consumer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act 25 of 2002.
13.1 Any dispute arising from the use of this website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase should be approached as follows:
13.1.1 The Consumer must notify DuviBuddy within 7 days after onset of the dispute, in writhing.
13.1.2 If DuviBuddy and the Consumer cannot resolve the issue directly within 30 days of DuviBuddy being notified of the dispute, the dispute shall be referred to arbitration, which will be dealt with by an independent Arbitrator approved by DuviBuddy and the Consumer.
13.1.3 If DuviBuddy and the Consumer cannot agree on an Arbitrator, arbitration will be referred to the Arbitration Foundation of South Africa (AFSA).
13.1.4 The outcome of the arbitration shall be deemed final and binding on DuviBuddy and the Consumer.
13.1.5 DuviBuddy and the Consumer can agree, in writing, to refer any dispute to mediation before arbitration takes place. Mediation will be dealt with by a representative of Stegmanns Incorporate, and any suggestions by the Mediator shall be deemed to be binding and final on DuviBuddy and the Consumer.
14. Applicable legislation
14.1 The following laws will be applicable to any agreement or relationship between the applicable parties to this Terms and Conditions:
14.1.1 The Consumer Protection Act 68 of 2008 in relation to any products sold by DuviBuddy.
14.1.2 The Electronic Communications and Transactions Act 25 of 2002 in relation to any payments and security.
14.1.3 The Protection of Private Information Act 4 of 2013 in relation to any private information of Consumers gathered by DuviBuddy.
14.1.4 The Trade Marks Act 194 of 1993 in relation to any marks represented.
14.1.5 The Copyright Act 98 of 1978 in relation to the content of DuviBuddy’s website and other platforms.
14.1.6 The Constitution of South Africa 108 of 1996 in general.
15. Intellectual property
15.1 All information available on the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase, including data, text, databases, photos, graphic works, software and other related materials are subject to copyright protections.
15.2 The copyright in these materials belong to DuviBuddy, or has been licenced to DuviBuddy, and is enforceable in South Africa and all other countries.
15.3 Excluding reasonable private use as stipulated in the Copyright Act 98 of 1978, any unauthorised use of the material will constitute copyright infringement.
15.4 All trade marks visible on this website and other platforms belong to DuviBuddy, or has been licenced to DuviBuddy, and is enforceable in South Africa and all other countries.
15.5 Any unauthorised use of such trade marks will constitute trade mark infringement.
16.1 Should a Consumer register as a user on DuviBuddy’s online store, DuviBuddy or its authorised service provider may require personal information of such a Consumer.
16.2 The Consumer undertakes 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.
16.3 DuviBuddy agree not to use, without a Consumer’s express consent, a Consumer’s personal information for any purpose other than it was disclosed.
16.4 DuviBuddy makes use of third party service providers who assist in interaction, ordering and delivering goods and the Consumer authorise DuviBuddy to provide its personal information to such parties where reasonably required.
16.5 DuviBuddy agrees to take appropriate technical and organisational measures to ensure that all personal information of Consumers are kept secure and is reasonably protected against unauthorised or unlawful use, accidental loss, alteration, disclosure, access or other applications.
16.6 Although DuviBuddy takes every precaution to protect the private information of Consumers, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, DuviBuddy takes no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
16.7 DuviBuddy agrees to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.
16.8 DuviBuddy undertakes not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.
16.9 DuviBuddy undertakes never to sell or make available the personal information of a Consumer to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
16.10 DuviBuddy shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a Consumer directly.
17. Social platforms
17.1 DuviBuddy reserves the right to monitor, filter, amend and remove any posts from any social platforms, including social media platforms such as Blogs, Facebook and Twitter, provided through their website or other platforms owned or administered by them.
17.2 DuviBuddy will not be held liable for any claim, loss, damage or defamation of character resulting from the use of their website or other platforms, including social platforms, owned or administered by them or accessible through site or other platforms owned or administered by them
18. Indemnity and disclaimer
18.1 Neither DuviBuddy nor any of its agents or representatives shall be held responsible or liable for any damage, loss or liability of any kind that may arise from the technical inability to use the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase.
18.2 DuviBuddy cannot guarantee at any time, implied or otherwise, that the DuviBuddy website or any other online or e-commerce based platform whereon DuviBuddy make available their products for purchase are free of errors or that it will function without any interruption or errors.
18.3 Should a Consumer or other user find any error, such error must be reported to DuviBuddy in writing.
18.4 Information, ideas and opinions on this DuviBuddy website or any other online or e- commerce based platform whereon DuviBuddy make available their products for purchase should not be regarded as professional advice or the official opinion of DuviBuddy.
18.5 DuviBuddy will be further not be held liable for any claims flowing from the use of any web page, link, social platform or other relevant platform, including third-party links and platforms, that are accessible from this site.
18.6 We will not be liable for any damages, loss or liability of whatsoever nature arising from any misrepresentations made.
19.1 DuviBuddy reserves the right to amend these Terms and Conditions at their sole discretion without prior notification to Consumers.
19.2 The parties further acknowledge that email communications will be sufficient to meet the legal requirement for written notice where written notice must be provided under these Terms and Conditions, subject to the integrity of the Consumer’s email address.