SVENCINO TERMS AND CONDITIONS
Version 2, 08/11/2016
INDEX[1]
1. PLEASE TAKE NOTE
2. INFORMATION ABOUT THE WEBSITE
3. ABOUT SVENCINO
4. REGISTERING AND USING THE WEBSITE
5. PLACING AN ORDER FOR GOODS
6. PURCHASE OF SERVICES
7. PAYMENT FOR ORDERS
8. DELIVERY OF GOODS
9. ERRORS ON THE WEBSITE
10. OUR RETURNS POLICY
11. OUR PRIVACY POLICY
12. TERMINATING OR SUSPENDING YOUR ACCOUNT
13. COPYRIGHT AND INTELLECTUAL PROPERTY
14. GOVERNING LAW AND JURISDICTION
15. DISPUTES
16. THIRD PARTY WEBSITES
17. DISCLAIMER AND LIMITATION OF LIABILITY
18. MISCELLANEOUS TERMS
1. PLEASE TAKE NOTE
1.1. In these Terms and Conditions there are certain provisions that appear in similar text and style to this clause (bold font) and which identifies provisions that may –
1.1.1. may limit the risk or liability of Svencino; and/or
1.1.2. may create risk or liability for you, the user; and/or
1.1.3. may compel you, the user, to indemnify Svencino; and/or
1.1.4. serves as an acknowledgement, by you, the user, of a fact.
1.2. By identifying provisions in this manner your attention is specifically drawn to these Terms and Conditions because they are important and should be taken careful note of by you.
2. INFORMATION ABOUT THE WEBSITE
2.1. We are Svend’s Violin Closed Corporation (CC), registration number 2001/076436/23 trading as “Svencino” on the website www.svencino.co.za (“Website”) which is owned and operated by Svencino. Any reference to “we”, “us” and “our” shall be a reference to Svencino.
2.2. Svencino is an online store for the purchase and rental of musical equipment, consumables and related services delivered to your door or to/at a nominated collection point.
2.3. The terms and conditions for the Website listed here govern the ordering, sale, delivery and rental of listed products, instruments, consumables, parts and other goods (collectively defined as “Goods”) via the Website, the purchase of luthier and related support, repair and restoration services (collectively defined as “Services”) as well as your use of the Website (“Terms and Conditions”).
2.4. When you place an order to Svencino, make payment to Svencino or accept delivery of any Goods or Services from Svencino, each action shall constitute a re-confirmation of your unqualified acceptance of these Terms and Conditions. These Terms and Conditions shall prevail over any separate terms that may be put forward by you, in whatever form and at whatever time, whether in writing, by email or verbally, and are accordingly expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed to in writing between you and an authorised representative of Svencino.
2.5. To place an order on Svencino you must be 18 years of age or older and have full legal capacity to transact. If you are under 18 years of age, you will have to ensure that your order is placed by your parent or legal guardian, who will then be bound by these Terms and Conditions.
2.6. Svencino only allows the use of this Website subject to the Terms and Conditions. By using this Website in any way, you are deemed to have accepted the Terms and Conditions unconditionally. If you do not accept the Terms and Conditions you must not continue to use this Website.
2.7. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to contact Svencino to ask for an explanation before you accept the Terms and Conditions or continue using the Website.
2.8. These Terms and Conditions (as may be amended by Svencino from time to time) shall commence on the date on which they are published on the Website and shall continue indefinitely for so long as the Website exists and is operational, Svencino being entitled to terminate these Terms and Conditions and/or shut down the Wesbite at any time (subject to still processing any orders already placed and accepted by Svencino).
3. ABOUT SVENCINO
3.1. To comply with the Electronic Communications and Transactions Act, 2002 we hereby provide you with the following corporate information about us:
3.1.1. Entity name: Svend’s Violin CC t/a Svencino, registration number 2001/076436/23
3.1.2. Main business: online musical equipment retailer and service provider
3.1.3. Website address: www.svencino.co.za
3.1.4. Physical address: 42 Juno Street, Kensington, 2094, Johannesburg, South Africa
3.1.5. Postal address: 42 Juno Street, Kensington, 2094, Johannesburg, South Africa
3.1.6. Members: Svend Noka Peter Christensen
3.1.7. Telephone: 082 769 6343
3.1.8. Email: admin@svencino.co.za
3.1.9. Our PAIA manual can be downloaded from here.
4. REGISTERING AND USING THE WEBSITE
4.1. Only registered users may order Goods on the Website. A registered user can place online orders for Goods, provided such are in stock or can be sourced within the specified lead time indicated on the Website. Although Svencino will make all reasonable efforts to have stock available and delivered within the specified lead times, Svencino provides no warranty, guarantee or undertaking that it will be able to provide specified Goods within the indicated lead times as it is dependent on third party suppliers and manufacturers for the supply of Goods.
4.2. You do not need to be a registered user in order to browse the Website or add items to your shopping cart, but you will need to be registered as a user on the Website for your order to be placed and processed.
4.3. To register as a user, you must provide a unique username and password and provide basic personal information to allow Svencino to create a user profile, process your order and deliver Goods to you. You will need to use your unique username and password to access the Website in order to purchase Goods and Services and to track your orders.
4.4. You agree and undertake that your username and password shall be used only for your personal use and shall not be disclosed by you to any third party. To verify your identity when you transact through the Website you will be asked to enter your correct username and password whenever ordering Goods and Services, failing which you will not be able to confirm your orders and make purchases.
4.5. 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 any orders placed against your user profile, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.6. You agree to notify Svencino immediately upon becoming aware of or reasonably suspecting that unauthorised access under or use of your username and password is or has occurred and undertake to take all reasonable steps to mitigate any resultant loss or harm, including but not limited to changing your password.
4.7. 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, trojan, 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 Svencino representative (such consent is deemed to have been given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.8. You may not use the Website to distribute material or make commentary which is inappropriate, defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful or illegal. Svencino retains the right to remove, edit or block any comments posted by any user on the Website for any reason whatsoever including for a violation of the provisions of this clause.
4.9. 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 Svencino representative.
4.10. Svencino retains the right to remove, block or refuse access to any registered user on reasonable grounds, including but not limited to any violation of any of the provisions of this clause 4 regarding use of the Website.
5. PLACING AN ORDER FOR GOODS
5.1. Registered users may place orders for Goods, which Svencino may accept or reject. Whether or not Svencino 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 Svencino for the Goods.
5.2. VERY IMPORTANT: Svencino 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 Svencino come into effect (“Sale”). This is regardless of any communication from Svencino stating that your order or payment has been confirmed. Svencino will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3. 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. After delivery or your collection of the Goods, you may cancel the order only in accordance with our Returns Policy.
5.4. Placing Goods in a wishlist 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 Svencino 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.
5.5. You acknowledge that you understand that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Svencino 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 or that unavailable stock will be removed from the Website without delay. When Goods are no longer available after placing an order, Svencino will notify you and you will be entitled to a full refund of the amount paid by you for such Goods.
6. PURCHASE OF SERVICES
6.1. Svencino provides certain luthier Services for sale via the Website, which Services can be purchased online and are provided by reputable service providers listed for each Service area.
6.2. Services will be provided at a listed collection point or you can have your instrument / equipment / accessory collected and delivered to a collection point and returned to you upon completion. The cost of delivery and collection will be included in your order. Should you elect to have your instrument / equipment / accessory collected and returned by you, PLEASE NOTE THAT YOU DO SO AT YOUR OWN RISK. Although we will take reasonable measures to protect your property, we provide no guarantee or undertaking of any nature as to the safety of your property. For this reason we ask that you do not arrange for the collection and delivery of expensive or valuable instruments, equipment or accessories, without contacting us first to discuss collection and delivery options.
6.3. Additional services not listed on the Website can be procured directly by you from our listed service providers (“additional services”). Please note that for any such services you then enter into a direct agreement for services with the service provider and you are directly responsible for the settlement of any of the costs of such additional services. Svencino is not a party to such an agreement for additional services. Any dispute between you and the service provider as to such additional services or the quality or scope thereof shall be between you and the service provider. However, because we wish for you to have a good service experience, but without assuming any responsibility or obligation in respect of the additional services, you can let us know should you not be happy with any additional services provided and we will see how we can reasonably assist in any way.
7. PAYMENT FOR ORDERS
7.1. Irrespective of any price displayed, once you select Goods or Services in your shopping basket and have proceeded to the checkout, the amount to be paid (including delivery charges) will be shown in the checkout area on the Website together with the charges you must pay including VAT, as applicable (“purchase price”). Unless otherwise stipulated on the Website, all charges for South Africa users are show in South African Rand.
7.2. To process your online payments, we make use of PayFast (Pty) Ltd to provide a secure online payment processing service to you by Svencino. All online payment information is captured and managed securely by PayFast on their service platform and we do not capture, hold or interact with any of your payment information. After your payment has been processed by PayFast we are forwarded a confirmation of your payment of the purchase price and we can continue with your order, subject to our Terms and Conditions.
7.3. You can pay for your order with any of the payment options provided by Payfast as are shown on https://www.payfast.co.za/payment-methods.
7.4. You may contact us via email at admin@svencino.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
7.5. Once you have selected your payment method and you accept these Terms and Conditions,[2] you will be directed to the secure PayFast site for payment of the applicable purchase price for the Goods and Services.
7.6. You acknowledge that the debit or credit, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the purchase price. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services.
8. DELIVERY OF GOODS
8.1. Svencino offers 2 convenient methods of delivery of Goods to you. You may elect delivery via:
8.1.1. Courier. We deliver directly to your home or office anywhere in South Africa. All delivery and tracking information is supplied to you after receipt of your payment on checkout. Orders are only delivered to a physical address and no PO Box addresses are allowed or accepted.
8.1.2. Self-collection. You can at checkout choose to collect from one of our designated collection points around the country. Click here to view out various collection points.[3] Collection hours are weekdays between 09:00 and 17:00 (excluding public holidays). Please call ahead to confirm your approximate pick-up time at the collection point so that we are ready for your collection.
8.2. Delivery charges will vary depending on the price, size, packaging and delivery location of your order and will automatically be added to your order and form part of the purchase price. You will also be notified by email of the indicative delivery timeframes for your order. Where, certain Goods are available for delivery whilst other Goods are still pending or have longer lead times, you may be provided with the option on checkout to split your order or you may be contacted in our discretion to request the option of having your order split into 2 or more deliveries, provided that additional delivery charges shall be incurred for each additional delivery. You will be provided the option to consent to such additional delivery charges or retain your order as a single delivery.
8.3. Svencino does not at present deliver outside South African borders. If this is required, please contact us to discuss the possibility of a custom shipping arrangement.
8.4. Where we accept your order, Svencino will deliver the Goods to you as soon as reasonably possible, taking into account stock availability and lead times from suppliers and manufacturers. Although we aim to deliver within the indicated times, we cannot promise you an exact date of delivery. Lead times provided on the Website are indicative only and final delivery timeframes will only be provided upon acceptance of your order. Should we not be able to deliver any Goods within 30 days of receipt of your payment, you will be entitled to contact us in writing to elect to cancel your order for the Goods within 7 days thereafter, unless the indicated lead time is more than 30 days, in which event, you shall be entitled to cancel the order for Goods within 7 days after the expiry of such extended lead time. If you elect to cancel your order, we shall refund you in full for the purchase price within 10 days.
8.5. Please note that Svencino’s obligation to deliver Goods to you is fulfilled when we deliver the Goods to you at your nominated delivery address for the order or you sign for the order at the nominated collection point for delivery. Svencino is not responsible for any loss or unauthorised use of Goods, after it has delivered the Goods to you at the delivery address nominated by you.
9. ERRORS ON THE WEBSITE
9.1. Although we will use all reasonable efforts to accurately reflect the description, availability, lead times, pricing and delivery charges of Goods and Services on the Website, should there be errors of any nature whatsoever on the Website (not due to our gross negligence), including, but not limited to, errors in pricing which are manifestly incorrect, Svencino shall not be bound by such errors or be liable for any loss, claim, cost or expense relating to any transaction entered into based on such error, except to refund any amount that may have been paid or deal with a return in terms of our Returns Policy.
9.2. Svencino cannot be bound by or held responsible for any errors or incorrect information regarding our Website or Goods or Services displayed on any third party websites.
10. OUR RETURNS POLICY
10.1. General
10.1.1. The return of any Goods will only take place in accordance with this clause 10 dealing with returns (“Returns Policy”). Nothing in this Returns Policy is intended to limit your legal rights in any way.
10.1.2. We want you to be happy with our service and any Goods that you have purchased and we will do our best to try to achieve this! However, given the nature of musical equipment and consumables and the personal nature of an individual’s experience of a product as well as individual playing capability, it must be understood that Svencino cannot necessarily accept returns and refunds solely because Goods do not meet your expectations, but are not defective.
10.1.3. In order to enable you to return Goods under this Returns Policy, please ensure that you take care when opening the Goods so as not to damage the Goods or its packaging or labels unnecessarily.
10.2. Unwanted Goods
10.2.1. You can return unwanted Goods to us subject to the following conditions:
10.2.1.1. The Goods must be undamaged and unused and still in its original packaging (if applicable) which must be undamaged and with labels intact.
10.2.1.2. It may not be missing any pieces, parts or accessories.
10.2.1.3. You must contact us or log a return via the Website within 7 days of delivery or collection by you of the unwanted Goods. After 7 days you can only return Goods if they are defective.
10.2.1.4. You will be responsible for any reasonable courier charges relating to the return of the unwanted Goods. You will be informed of these charges which will be deducted from any credit or refund due to you for the unwanted Goods.
10.2.1.5. Please note that you cannot return any unwanted Goods which have been personalised for you or made to your individual specifications. You are requested to contact us to discuss your concerns and how we can resolve any issue in respect of such personalised Goods.
10.2.1.6. We will collect the unwanted Goods from you or you can drop such at any of our collection points. Once we have received and inspected the Goods and validated your return, we will credit your account with the purchase price of the Goods within 10 days of the return or make a refund to you if that is your preference, after deduction of any reasonable courier charges.
10.3. Delivery of incorrect Goods
10.3.1. If we by accident deliver the wrong Goods to you or if the Goods are not reasonably as described on the Website, you can notify us and we will collect the Goods from you at no charge or you can drop such at any of our collection points. Please note that the Goods must be returned undamaged and unused in the same way as with unwanted Goods.
10.3.2. Once we have received and inspected the incorrect Goods and validated your return, we will at your choice deliver the correct Goods to you or credit your account with the purchase price of the Goods within 10 days of the return or make a refund to you if that is your preference.
10.4. Goods that are damaged
10.4.1. Should any Goods be damaged or missing parts or accessories at the time of delivery or collection, please notify us within 10 days of such delivery or collection by contacting us or logging a return on the Website and we will collect the damaged Goods from you at no charge or you can drop such at any of our collection points.
10.4.2. Once we have received and inspected the damaged Goods and validated your return, we will at your choice and after notifying you of the reasonable period for conducting repairs, repair / replace the damaged Goods as soon as possible (if repair is possible / if we have the same Goods in stock with which to replace such) or credit your account with the purchase price of the Goods within 10 days of the return or make a refund to you if that is your preference.
10.5. Goods that are defective
10.5.1. General
10.5.1.1. Although we do our best to ensure that Goods we deliver are of good quality and in good working order and without defects, some Goods may be defective.
10.5.1.2. A “defect” is any material imperfection in Goods which may arise during manufacturing or may exist in the Goods and which makes it less than acceptable to what one would reasonable expect under the relevant circumstances. This does not automatically include a difference in experience of Goods due to personal experience or player capabilities, unless such is caused by a defect in or is due to the inferior quality of the Goods.
10.5.1.3. The following will not be regarded as defects and will not entitle you to a return of the defective Goods, namely:
10.5.1.3.1. faults, flaws or defects that have been specifically disclosed to you on the product page of specific Goods;
10.5.1.3.2. faults resulting from normal wear and tear;
10.5.1.3.3. damage arising from negligence, user abuse or incorrect usage of the Goods;
10.5.1.3.4. damage arising from electrical surges, sea air corrosion, humidity changes, heat and cold or other environmental factors.
10.5.1.3.5. damage arising from a failure to adequately care for, protect or store the Goods;
10.5.1.3.6. damage arising from unauthorized alterations to or incorrect installations of the Goods; and
10.5.1.3.7. where the specifications of Goods, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
10.5.2. Our warranty to you
10.5.2.1. If you have received Goods which turn out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery or collection of the Goods (except in the case of an extended supplier warranty, which is set out below). Unfortunately we cannot facilitate returns that fall outside of this 6 month period.
10.5.2.2. You can do so by contacting us or logging a return on the Website and we will collect the defective Goods from you at no charge or you can drop such at any of our collection points.
10.5.2.3. Once we have received and inspected the Goods and validated your return, we will at your choice and after notifying you of the reasonable period for conducting repairs, repair / replace the defective Goods as soon as possible (if repair is possible / if we have the same Goods in stock with which to replace such) or credit your account with the purchase price of the Goods within 10 days of the return or make a refund to you if that is your preference.
10.5.2.4. Goods may have an extended supplier warranty that extends beyond the 6 month warranty that we provide. This extended supplier warranty is subject to the custom terms and conditions that the supplier or manufacturer may impose, which may usually be found on the packaging, leaflets or brochures inside the packaging. Please note that it is your responsibility to make yourself aware of any such terms and conditions and it is your responsibility to contact the supplier or manufacturer directly in order to claim the benefit of the extended supplier warranty they provide. Svencino is under no obligation or responsibility to provide you with a repair, replacement or credit in respect of defective goods falling outside the 6 month period of our standard warranty and your remedy lies entirely with the supplier or manufacturer. However, as we would like your experience to be as good as possible, we ask that you inform us as soon as you become aware of the defect and we can see in what way we, without assuming any responsibility in doing so, can assist you to claim the benefit of extended supplier warranty.
11. OUR PRIVACY POLICY
11.1. We respect your privacy and will take reasonable measures to protect it as set out in this clause 11 (“Privacy Policy”).
11.2. Should you register as a user on the Website, we may require you to provide us with basic personal information needed for creating a user profile, management of your orders, delivery details and marketing preferences.
11.3. Should your personal information change, please update your personal information on our Website as soon as reasonably possible to allow us to keep our information current.
11.4. Subject to the provisions below, we will not, without your express consent:
11.4.1. use your personal information for any purpose other than as set out below:
11.4.1.1. in relation to the ordering, sale and delivery of Goods and Services;
11.4.1.2. to contact you regarding current or new Goods or Services offered by us or discounts and promotional items (unless you have opted out from receiving marketing material from us);[4] and
11.4.1.3. 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
11.4.2. disclose your personal information to any third party other than as set out below:
11.4.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or Services 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;
11.4.2.2. to our 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 products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
11.4.2.3. 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 or prevent a crime, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
11.4.2.4. to our service providers, provided that they shall be subject to the same provisions of privacy and may only use your information in connection with the services they perform for us and not for their own benefit; and
11.4.2.5. to our suppliers in order for them to liaise directly with you regarding any defective Goods you have purchased and which requires their involvement;
11.4.3. We are also entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
11.4.4. We will ensure that all of our employees, third party service providers, partners (including their employees and third party service providers) that have access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
11.4.5. We will:
11.4.5.1. treat your personal information as confidential, save where we are entitled to share it as set out in our Privacy Policy;
11.4.5.2. take reasonable 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;
11.4.5.3. provide you with access to your user profile to view and/or update personal details;
11.4.5.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
11.4.5.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
11.4.5.6. upon your request, promptly return or destroy all of your personal information in our possession or control, save for that which we are legally obliged to retain.
11.4.6. 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.
11.4.7. Svencino undertakes never to sell or make your personal information available to any third party other than as provided for in our Privacy Policy, unless we are compelled to do so by law. In particular, in the event of fraudulent online activity Svencino 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.
11.4.8. Whilst we will take reasonable steps 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.
11.4.9. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Svencino, Svencino shall not be liable for any loss or damage suffered by you as a result of such disclosure to the third party as we cannot control how the third party may use your personal information. Please acquaint yourself with the privacy terms and conditions of any third party.
11.5. The Website makes use of “cookies” – small text files – to automatically collect information and data to help us personalize your online experience and track user interactivity and behaviour with our Website and compile aggregate data that will allow us to improve the functionality of the Website and its content, and to display more focused advertising to you. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. 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, most browsers allow 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 our Privacy Policy.
11.6. When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy Policy, and you agree that all agreements, notices, disclosures and other communications sent by Svencino satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
12. TERMINATING OR SUSPENDING YOUR ACCOUNT
12.1. Svencino is entitled to in its sole discretion and without prior notice to you to suspend or terminate your user account in the event of a suspicion of fraud, improper conduct, abuse or any other grounds deemed appropriate by Svencino, subject to the processing of existing orders or the refund of any monies paid to Svencino. Svencino shall incur no liability by reason of such suspension or termination.
13. COPYRIGHT AND INTELLECTUAL PROPERTY
13.1. Any and all copyright relating to the website is held by Svencino and any rights not expressly provided are reserved by Svencino. To obtain permission for commercial use of any content on this Website, please contact us.[5] All content, trademarks, images, multi-media and data on this Website are the property of or available under licence of Svencino and protected by local and international law.[6]
13.2. Where any of the content on the Website has been licensed to Svencino or belongs to a third party, your rights of use will also be subject to any terms and conditions which that licensor or third party may impose from time to time and you agree to comply with such third party terms and conditions and respect the proprietary rights of such third parties.
14. GOVERNING LAW AND JURISDICTION
14.1. This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to clause 15 of these Terms and Conditions, you and Svencino submit to the jurisdiction of the South African courts.
14.2. Nothing in these Terms and Conditions however excludes or limits your right to approach any competent forum identified in terms of the Consumer Protection Act, 2008.
14.3. For purposes of legal notices or other communication of any kind Svencino elects the following address:
11 Hannibal Street, Kensington, 2094, South Africa
14.4. 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 Svencino not less than 10 days’ notice in writing.
15. DISPUTES
15.1. Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Svencino on any matter provided for in, or arising from these Terms and Conditions, and not resolved through communication with Svencino, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
16. THIRD PARTY WEBSITES
16.1. This Website may contain links or references to other websites which are outside of our control, and Svencino shall not be liable for the terms and privacy conditions of such third party websites and your use of and reliance on such third party websites is entirely at your own risk and responsibility and Svencino shall not be liable for loss or damage you may suffer or incur as a result of such use.
17. DISCLAIMER AND LIMITATION OF LIABILITY
17.1. In addition to disclaimers made elsewhere in these Terms and Conditions, Svencino hereby wishes to bring the following to your attention:
17.1.1. Your use of the Website and any interaction therewith or transaction concluded thereby is done entirely at your own risk and responsibility and Svencino is not liable for, and you hereby indemnify Svencino in full, except where specifically provided otherwise in these Terms and Conditions, for any damage, loss, liability or expense, direct or indirect, that you or a third party may suffer, arising out of or in connection with your use of or inability to use the Website or any content provided on the Website and/or any unlawful activity on the Website.
17.1.2. Although Goods may be under a guarantee, the Website is provided “as is” and is not set up or customised for your individual specifications. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Svencino and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
17.1.3. Whilst reasonable efforts are taken to ensure that the Website content is accurate, virus-free and error-free, Svencino does not make any representations, implied or otherwise, or provide any warranties as to the accuracy, quality, timeliness, operation, availability, functionality or integrity of the Website, the technology or any content or information on the Website or the uninterrupted or error free operation of the Website. You are encouraged to report any possible malfunctions and errors to admin@svencino.co.za.
18. MISCELLANEOUS TERMS
18.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
18.2. No failure or delay, by Svencino or you, in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Svencino’s or your rights under these Terms and Conditions.
18.3. You may not without the express consent of Svencino, represent Svencino or act as an agent or authorised representative of Svencino towards third parties. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and Svencino.
18.4. These Terms and Conditions contain the whole agreement between you and Svencino and no other provisions, warranty or undertaking will be valid, unless contained in these Terms and Conditions.
18.5. No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
18.6. If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
18.7. Nothing in these Terms and Conditions are intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, of either you or Svencino (as the case may be) under the Consumer Protection Act, 2008.
[1] Hyperlink index correctly to each paragraph.
[2] You must have an accept T&C’s process in your shopping cart ie. a checkbox that must be ticked before order can be processed. Must also be a link that opens onto the T&C’s page.
[3] Insert a link to a page titled “Collection Points” that lists each collection point, contact details for the collection point and detailed directions to the point with a Google Map reference.
[4] I would suggest building in a tick box on registration that is ticked by default that the user wishes to receive marketing information from Svencino on new or related products or services.
[5] Link to contact us page
[6] It will be important that you gain the right from suppliers to show their brands on your website.