CHARACTERFUL PROPRIETARY LIMITED
(registration number: 2018/473436/07)
(hereinafter referred to as “Characterful”)
Your use of this website indicates your understanding and acceptance of these terms and conditions and your agreement to adhere to and be bound by them. Click on the icon to confirm your acceptance and to proceed.
ONLINE TERMS AND CONDITIONS OF USE AND SALE
between (i) Characterful Proprietary Limited and (ii) you.
1. Legal Capacity, Disclaimer and Exclusion of Liability
1.1. You hereby warrant to Characterful that you have the required legal capacity to be bound by these terms and conditions and to enter into any proposed agreement of sale.
1.2. You expressly agree that the use of this website and the internet is entirely at your own risk.
1.3. Characterful shall under no circumstances be liable to you, or to any third party, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever sustained by you by reason of your use of this website.
2.1. You acknowledge that, when accessing and utilising this website, Characterful will gain access to your personal information.
2.2. All information gathered on this website is used to personally identify you, to inform you of sales and special offers and to ensure that you receive the product(s) ordered by you.
2.3. You furthermore consent to your personal information being used or disclosed to third parties for communication purposes; statistical and data analysis; to improve and develop this website and/or our products/services; to analyse the effectiveness of this website and our products/services; for marketing and/or promotions; or if required by law. Should you wish to withdraw this consent, please notify us via electronic mail to: email@example.com.
2.4. In terms of the Protection of Personal Information Act 4 of 2013, Characterful undertakes to:
2.4.1. process your personal information in a lawful and reasonable manner;
2.4.2. utilise and process your personal information solely for the purposes of this Agreement;
2.4.3. take all reasonable measures to ensure that your personal information is complete, accurate, updated and not misleading;
2.4.4. where possible and practicable, ensure that there are sufficient security safeguards in place to ensure the integrity and confidentiality of your personal information; and
2.4.5. at all times afford you the right to access your personal information.
2.5. Despite the fact that Characterful will take reasonable steps to protect your personal information, there is no absolute secure transmission of data on the internet. Characterful accordingly does not warrant the absolute security of any information that you may transmit to us or which Characterful may submit to you.
3. Agreement of Sale
3.1. Placing an product in a shopping basket or adding it to a wish list without completing the purchase cycle (making payment for the product) does not constitute an agreement of sale or an order for such product.
3.2. An agreement of sale only comes into effect if and when:
3.2.1. you electronically submit a properly completed order for one or more products in your shopping basket; and
3.2.2. payment is received by Characterful in its bank account in full; and
3.2.3. you have received an order confirmation from Characterful;
(a “completed purchase cycle”).
3.3. If, subsequent to a completed purchase cycle, you become aware that you have made an error during the submission of your order, you must immediately notify us of the error via electronic mail to: firstname.lastname@example.org. If your product(s) has not yet been sent for printing, Characterful shall amend the order accordingly without charge. If your product has already been printed, no amendment(s) can be made and you shall be liable to accept the product(s) as ordered.
3.4. Characterful reserves the right to cancel any sale, in whole or in part, without reason. Characterful shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such refusal to process any sale.
4.1. The price of each product is displayed with the product listing. Prices are subject to change without notice.
4.2. In the event of a sale or a special offer, the discounted price is displayed for as long as Characterful determines, in its discretion, to offer a sale or special offer.
4.3. Prices displayed exclude value-added tax, at the rate determined from time to time by the Value-added Tax Act of 1991, as Characterful is not registered for value-added tax, and exclude delivery charges and import duties, if applicable.
5.1. The online payment facility is used at your own risk.
5.2. Payment is collected by Characterful once the order is complete and prior to the products being delivered.
5.3. The website is set up to enable payment either by credit or cheque card (VISA or MasterCard); instant electronic funds transfer; or Masterpass. The website does not accept payment by American Express or PayPal.
5.4. As part of the purchase cycle you will be requested to select one of the methods of payment contemplated in clause 3 above.
5.5. Notwithstanding the aforementioned, you may tender a coupon code while using the payment facility. Such coupon code may only be used once on this website (unless otherwise stated) and the value thereof shall be set-off against the amount due by you. The remaining balance shown will be payable by you.
5.6. All payments are to be made in South African rands. Any currency conversion costs or other charges incurred in making the payment shall be for your account and shall not be deductible against any amount due to Characterful.
5.7. Your private information required for the purpose of making use of this online payment facility shall be kept in strict confidence at all times. Credit and debit card details are, in no way whatsoever, kept by Characterful.
5.8. You are responsible for keeping the computer or other electronic device used to make payment free from viruses and malicious programmes. You hereby acknowledge that failure to do so may lead to the interception of data by unauthorised persons.
5.9. Characterful shall not be liable for any security breaches occurring on your electronic device which may result in financial loss or other damage.
6.1. Characterful shall deliver to an address of your choice within the borders of South Africa.
6.2. Characterful shall use its best endeavours to procure that all products purchased on this website are delivered within fifteen (15) business days of the order being placed. Delivery periods are regarded as having commenced on the first business day following payment confirmation being received by Characterful.
6.3. Should you require express delivery, please contact us via electronic mail to: email@example.com to arrange same. Characterful shall endeavour, but is not bound, to fulfil any express delivery requirements.
6.4. You are obliged to ensure that you, or an authorised person, shall be in attendance at the delivery address and that appropriate access to the delivery address will be available.
6.5. You understand and agree that any person other than yourself who receives the product(s) at the delivery address nominated by you shall be deemed to be authorised to accept delivery on your behalf.
6.6. Should no person be in attendance at your nominated delivery address at the time of delivery, the product(s) shall be retained by Characterful and a notice shall be left at the delivery address to this effect. You will be required to contact Characterful via electronic mail to: firstname.lastname@example.org to make new arrangements for delivery, the cost of any new arrangements being for your account.
6.7. Should you instruct us to make delivery to any person or address other than the person or address originally nominated by you for delivery, Characterful shall not be liable for any loss or damage arising out of such delivery to an alternate person or address.
7. Delivery Costs
7.1. Delivery costs shall be charged in addition to the purchase price displayed on the product listing and shall differ according to the delivery address.
7.2. Delivery costs shall be determined during the purchase cycle, subsequent to you adding a product to your shopping basket but before you elect as to a method of payment.
8. Risk and Ownership
8.1. Risk in and to the product(s) shall pass to you upon acceptance of delivery of the product(s) at the delivery address nominated by you.
8.2. Ownership in and to the product(s) shall pass to you upon receipt by Characterful of the purchase price of the product(s) concerned.
9.1. Subject to clause 2 below and subject to applicable South African legislation, orders placed for products in terms of a completed purchase cycle, due to the nature and customisation of the product, cannot be cancelled.
9.2. Should Characterful fail to deliver any product(s) purchased within forty (40) days of the order being placed, you shall be entitled to cancel the order and Characterful shall provide you with a full refund for the product(s) concerned together with delivery charges.
10. Incorrect or Defective Products
10.1. Characterful will accept returns of incorrect, faulty, damaged or defective products within a period of fourteen (14) business days after the date on which the products in question were delivered to you, or such extended period as Characterful may, in its sole discretion, agree upon in writing.
10.2. Should you receive an incorrect, faulty, damaged or defective product, you must notify Characterful immediately by sending an electronic mail to: email@example.com and providing full details of the transaction and your complaint.
10.3. Characterful’s liability for incorrect, faulty, damaged or defective products shall be limited to the replacement of such product, alternatively the refund of the purchase price. Under no circumstances shall Characterful be liable for any damages arising out of the supply of incorrect, faulty, damaged or defective products.
11. Closing, Suspending or Limiting this Website
Characterful may change, suspend or close this website temporarily or permanently without notice. Characterful may also limit certain services, features or functions, and may restrict access to all or parts of any service on this website.
12. Intellectual Property
12.1. All copyright, intellectual property and proprietary rights in and to all content published on this website, including trade marks, logos and names, vest solely in Characterful.
12.2. Characterful may make changes to this website, its content, or to services offered through this website at any time without notice.
12.3. You are not granted any licence or any other right, including under copyright, trade mark or any other intellectual property right in, or to, the content of this website.
12.4. You are not authorised to use, amend or exploit any of the intellectual property rights, include the trademarks, in any manner whatsoever, nor are you allowed to copy or use the content of this website.
12.5. This website, the content hereof and the trademarks, products and online services herein are the property of Characterful and all proprietary rights herein vest in Characterful and/or its affiliates.
12.6. All copyright subsisting in this website and its products vest exclusively in Characterful and/or its affiliates.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa. These terms and conditions are subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (the Act) and any of these terms and conditions which conflict with any compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
You hereby consent and submit to the jurisdiction of the High Court of South Africa, Eastern Cape Local Division, Port Elizabeth in respect of any legal proceedings instituted in connection with your use of this website or your purchase of any product(s).
For purposes of Characterful serving any legal notices you choose as your domicilium the physical address, electronic mail address and mobile number provided during the registration process. We choose as our domicilium the following addresses: 6 Albatros Drive, Seaview, Port Elizabeth, 6001 and firstname.lastname@example.org
16.1. These terms and conditions constitute the sole record of the agreement between you and Characterful.
16.2. These terms and conditions supersede and replace all other prior commitments, undertakings or representations, whether written or verbal, between you and Characterful in respect of the subject matter contained herein.
16.3. No indulgence or extension of time which either you or Characterful may grant to the other will constitute a waiver of, or (whether by estoppel or otherwise) limit, any of the existing or future rights of the grantor in terms hereof, save in the extent or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
16.4. You are not entitled to cede, assign or delegate any of your rights or obligations in terms of these terms and conditions to any third party without the prior written consent of Characterful.
16.5. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms which is, or becomes, unenforceable, whether due to voidness, invalidity, illegality, unlawfulness, or for any reason whatever, shall only to the extent that it is so unenforceable be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
16.6. No addition to, variation or cancellation of any provision in these terms and conditions, including this provision, shall be of any force or effect unless reduced to writing and disclosed on this website.