Terms and Conditions
Any reference to “we”; “us” and “our” in these Terms and Conditions is deemed to refer to SSDF SYSTEMS TECH t/a Sugar Skull Gel (the “Company”). Any reference to “you” and “your” is deemed to refer to a user of the Website: www.sugarskullgel.com(the “Website”) or purchaser of the products displayed on the Website (the “Goods”).
TERMS AND CONDITIONS OF THE WEBSITE
The Terms and Conditions govern your use of the Website (www.sugarskullgel.com).
1. Acceptance of the Terms and Conditions
The Company permits use of this Website subject to the Terms and Conditions. By making use of this Website you acknowledge that you are unconditionally bound by these Terms and Conditions. You may not use this Website if you do not agree to be bound to these Terms and Conditions.
2. Use of the Website
2.1. You may not use this Website to publish or display any graphics, words or printing of any kind that is offensive, rude, defamatory, insulting, or which amounts to hate speech or incitement to violence.
2.2. You agree that you may not copy or modify the Website or the information it contains. You may not display, publish, copy or print the information contained in this Website for any other purpose than that which it is intended.
2.3. No device, software or other instrument may be used to interfere or attempt to interfere with the proper workings of this Website.
3. Ownership and Copyright
3.1. Ownership of this Website, including the information, text, icons, graphics, layout, design, trade name vests in the Company and is subject to copyright in favour of the Company.
3.2. No unauthorised use, distribution or reproduction of the content of the Website is allowed and no licence or right in any contents is granted to or conferred upon you merely by your use of the Website.
4. Exclusion of liability and disclaimer
4.1. Any person who uses this Website or relies on the contents of the Website does so entirely at their own risk.
4.2. Despite the Company taking reasonable steps to ensure that the information displayed on this Website is accurate, the Company makes no representations as to the quality, timelines, availability or functionality of the Website or the accuracy or integrity of the information contained therein. The content contained on this website www.sugarskullgel.com is not intended to and does not constitute medical advice, and no doctor/patient relationship is formed. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed. The use of information on the site or materials linked from the site is at the user’s own risk. The contents of the site, such as text, graphics, images and other materials are informational purposes only.
4.3. The Company provides no warranty, express or implied, in any of the information provided on this Website.
4.4. The Company makes no warranty or representation that the Website is free of viruses or destructive material of any kind that may cause damage to your computer system, computer network, hardware, software or any other computer apparatus.
4.5. The Company accepts no responsibility for errors or omissions on this Website.
5.1. We respect your privacy. The only personal information we will require from you is your name, your e-mail address and your physical address.
5.2. We will not use or disclose your personal information (other than to those employees who may require this information to assist us with communicating with you) for any purpose without your consent unless the use or disclosure is required under any relevant law, is done by order of a court directive or other legal process or is required in order to protect our proprietary rights.
5.3. We will notify you if we become aware that the integrity of our security has been compromised or leaked and we will destroy all personal information relating to you promptly upon your request for us to do so.
5.4. In the event that you suffer any loss or damage as a result of the use by or disclosure of your personal information to a Third Party Website, the Company accepts no responsibility and advises you to ensure that you read all applicable terms and conditions and specifically pay attention to all privacy policies.
5.5. By using this Website you indemnify the Company against any claim by yourself as a result of loss or damage suffered by you by use of this Website and/or any Third party Website.
6. Amendments to the Terms and Conditions
These Terms and Conditions may be amended from time to time at the discretion of the Company and by using this Website you hereby agree to the amendments as and when they occur and you agree to transact with the Company on the changed Terms and Conditions as and when such changes become effective, whether or not such changes have been communicated to you.
7. Availability of the Website
7.1 The Company reserves the right to limit the availability of the Website as and when it is necessary for purposes of maintenance or other reasons.
7.2. The Company may at its own discretion terminate, modify or adapt this Website, its content and functionality without notice to you.
8. Governing Law
These Terms and Conditions shall be governed by and interpreted strictly in accordance with the laws of the Republic of South Africa.
In any action or claim involving the Company, you hereby submit to the jurisdiction of the Magistrates’ Court notwithstanding that the amount of the claim may exceed the monetary jurisdiction.
TERMS AND CONDITIONS OF SALE
1. The Sale
1.1 In accordance with the Consumer Protection Act, you are entitled to cancel your order of Goods without penalty within 2 days after receipt thereof. In such event, the following will occur:
1.1.1. You will need to return the Goods to the Company, whereupon you will be refunded the postage/courier charges together with the purchase price of the Goods within 30 days;
1.1.2. The Agreement of Sale between you and the Company will be cancelled;
1.1.3. You undertake not to utilise the Goods.
PLEASE NOTE: CANCELLATION OF THE SALE AND REFUND CAN ONLY OCCUR WHERE THE ITEMS ARE IN THEIR ORIGINAL SEALED PACKAGING.
2.1. Goods may only be returned to the Company if they are damaged, defective or not the Goods that you ordered. Damage must be reported within 24 hours of delivery.
2.2. We will advise you if we approve return of the Goods whereupon you may courier or post the Goods to our address, being Unit 2B Silverstone way, Ballito, KZN, South Africa, 3600.
2.3. The costs of returning the Goods are for your expense and Goods must be returned to us within a period of 14 days after we have approved them for return.
2.4. All Goods that are returned must be sent to us using a trackable and insured delivery method.
The Company takes your privacy very seriously and will use all reasonable endeavours not to allow your privacy to be compromised. However, due to the nature of the internet, the Company cannot guarantee that no unauthorised parties will have access to your information and the Company will not be held liable for any loss or damage that you may sustain as a result of unauthorised access to your personal information. Credit Card details are not kept by us under any circumstances.
7.1. The Company selects Unit 2B Silverstone way, Ballito, KZN, South Africa, 3600 as its domicilium address. By filling in the delivery address on the order form, you give the delivery address as your domicilium address.
8.1. If either party breaches these Terms and Conditions and fails to remedy same within 7 (seven) days of being requested in writing to do so, the other party shall have all rights afforded to them in law, including the right to:
8.1.1. Cancel the agreement of sale forthwith and claim damages;
8.1.2. Uphold the agreement of sale, claim specific performance and damages.
8.2. This clause shall in no way limit the rights afforded to either party in law.
8. Governing Law
The Terms and Conditions and the sale agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Both the Company and you consent to the jurisdiction of the Magistrates’ Court notwithstanding that the monetary amount of any claim may exceed such jurisdiction.
11.1. These Terms and Conditions of sale and the Terms and Conditions of the Website constitute the entire agreement between you and the Company and no other agreement, representation, warranty or undertaking shall be valid unless reduced to writing and signed by both the Company and you.
11.2. No waiver or extension that the Company may grant to you shall prevent the Company from exercising any of its rights under these Terms and Conditions.
11.3. You may not cede or assign your rights or obligations under these Terms and Conditions.
11.4. Any term contained herein that is declared invalid may be severed from the remaining Terms and Conditions and will not affect the validity thereof.