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Terms and Conditions
Terms & Conditions
1. Acceptance and Acceptable Use
1.1. Acceptance of Terms and Conditions
1.1.1. By accessing and / or using this website, www.canineandco.co.za (“Website”), the user (“user”, “you”, “your”) agrees to be bound by the terms and conditions and all policies listed on this Website (collectively referred to herein as “terms and conditions” or “Ts & Cs”).
1.1.2. Canine & Co Holistic Pet Store (Pty) Ltd (“Canine and Co” or “we” or “us”) is the owner of this Website and reserves the right to change these terms and conditions as the need arises.
1.1.3. New terms and conditions replace and supersede previous terms and conditions and we accordingly advise you to read and take note of these Ts & Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the terms and conditions available on the Website whenever you visit the Website.
1.1.4. Canine and Co may terminate your use of the website and access to your account at any time for any reason, including any improper use of this Website and/or your failure to comply with any provision of our Ts & Cs. Such termination shall not affect any right or remedy to relief to which Canine & Co may be entitled.
1.2. Consumer Protection Act
1.2.1. These Terms and Conditions may from time to time apply to users who fall within the definition of a “consumer” for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”).
1.2.2. Certain provisions set out in these terms and conditions:
1.2.2.1. may limit the risk or liability of Canine and Co; and/or
1.2.2.2. may compel the user to indemnify Canine and Co; and/or
1.2.2.3. serves as an acknowledgment, by the user, of a fact.
1.2.3. We have used best efforts to draw your attention to these provisions by highlighting same in bold. Highlighting provisions in bold does not derogate from the importance and binding nature of all provisions set out in the terms and conditions. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
1.2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to either request an explanation from Canine and Co or obtain your own independent legal advice.
1.3. Registration, Username and Password
1.3.1. In order to order products and make full use of the Website, the users are required to register by creating an account and furnishing us with required information.
1.3.2. Registration requires that the user provides a username and password which is used by the user to access his/her account. In this regard, the user agrees that the username and password shall:
1.3.2.1. be used for personal use only; and
1.3.2.2. not be disclosed by you to any third party.
1.3.3. Notwithstanding the aforesaid, if the user discloses its username and password to a third party and it is then used to purchase any goods, the user will be liable for payment of same and fulfilment of any additional obligations which may be applicable.
1.3.4. The user agrees to notify Canine and Co immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
1.3.5. By registering or using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you warrant that your use of the Website shall at all times be subject to the supervision of your parent or legal guardian. Your parent or legal guardian in consenting to your use of this website and/or supervising your use shall be bound to comply with these terms and conditions.
1.4. Acceptable Use
1.4.1. You agree that you will not in any way:
1.4.1.1. use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website;
1.4.1.2. copy, distribute or modify the Website or the information contained herein;
1.4.1.3. use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;
1.4.1.4. display, publish, copy, print, post or otherwise use the Website and/or the information contained therein.
1.4.2. Breach of any of the aforesaid provisions shall result in a restriction of use of the Website.
2. Disclaimer
2.1. Guarantees and Liabilities
2.1.1. Canine & Co and the owners and employees of Canine & Co will not be liable for any damages, loss or liability arising from the use or inability to use this website and the products and contents supplied, listed or referred to on the website. Information, ideas and opinions expressed on this website should not be considered as professional advice. When in doubt or if concerned about your pet’s health, please consult a veterinary practitioner.
2.1.2. Should a specific product have a warranty or guarantee, this contract will be between the customer and the supplier of the product, and not customer and Canine & Co. Insofar as Canine & Co is deemed to be the beneficiary of a warranty or guarantee, Canine and Co will do all such actions as may be reasonably necessary to cede such right to the user but shall not be held liable for the product not meeting the user’s expectations.
2.1.3. Product descriptions and information are not drafted and provided by Canine and Co. Canine and Co relies on information provided to it by its suppliers in respect of all products. While all reasonable attempts will be made to verify this marketing information, we cannot be held liable should it be inaccurate or misleading in any respects.
2.1.4. The use of any product bought from this Website is at the purchaser's risk. The purchaser / user indemnifies and holds Canine and Co harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
2.1.5. Insofar as the user is entitled to claim against Canine and Co in terms of the CPA, the user expressly acknowledges that any remedy available to the user shall be subject to the co-operation of Canine and Co’s suppliers.
3. General
3.1. Sales and Restrictions
3.1.1. Users may place orders on the website which may be accepted or rejected by Canine and Co, predominantly based on availability of the products ordered.
3.1.2. If a confirmation of order communication is issued to the user, this does not constitute an acceptance of the order and does not establish a binding agreement of sale between Canine and Co and the user. The user acknowledges that the process of issuing a confirmation of order is automated and Canine and Co is entitled to subsequently decline acceptance of an order. Only once the products ordered have been delivered to the user or Canine and Co has issued an acceptance of the order will a binding agreement of sale be constituted between the user and Canine and Co. Canine and Co will use its best endeavours to ensure that the user is notified of a cancelled order or delay in delivery as soon as possible after the order has been placed.
3.1.3. You are not entitled to unilaterally cancel an order once it has been placed and payment has been made. The process for cancellations and returns is set out in our Returns Policy.
3.1.4. In line with the above, placing an item in the shopping basket without completing the purchase cycle does not constitute an order or an agreement of sale between the consumer and Canine & Co. Should an item not be available from the supplier, Canine & Co reserves the right to remove the item from the shopping basket. The user will be notified of the removal of the product and all reasonable effort will be made to suggest alternative products (which may have a higher price and require an additional payment by the user).
3.1.5. Stock of all products on offer is limited. Canine and Co will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers is discontinued. However, Canine and Co cannot guarantee the availability of the products on the website but will notify you of such unavailability following your order being placed and refund you the relevant amount (if applicable).
3.1.6. Canine & Co reserves the right to:
3.1.6.1. change content and remove or add products as the need arises;
3.1.6.2. refuse service to users found abusing any discount or promotional code or any user who behaves in an abusive manner while interacting with any of our employees. The right to refuse service could apply to single / multiple order(s). In such an event that your order(s) are cancelled, an appropriate refund will be issued.
3.2. Billing, Pricing and Payments
3.2.1. Payments are facilitated by our secure payment processing partner (Payfast). We accept credit & debit cards (Mastercard & VISA), Instant EFT & more.
3.2.2. Canine & Co can only accept South African Rands as payment.
3.2.3. Where a credit card is used to make payment:
3.2.3.1. Canine and Co may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery of the products until such time as the additional information is received by us and authorisation is obtained for the amounts due.
3.2.3.2. If Canine and Co does not receive authorisation, your order for the Goods will be cancelled.
3.2.3.3. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the products ordered.
3.2.3.4. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
3.2.4. Pricing indicated on our website is exclusive to our online store, and not necessarily the same as our physical stores.
3.3. Vouchers and Promotions
3.3.1. Any vouchers purchased on the Website shall be valid for 3 years after sale and may be used for purchases online or in-store. If your Voucher has not been used within the aforementioned period, it will expire.
3.3.2. Vouchers cannot be used to buy other Vouchers, and are not transferable. Vouchers are only eligible for redemption via the original email address that they were sent to.
3.3.3. If your Voucher value is insufficient for the order you wish to place, you may still purchase the product but will be required to make payment of the difference.
3.3.4. Canine and Co may run promotions on products from time to time. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions and the user shall be required to familiarise itself in full with the provisions of such promotion before proceeding with same. Promotions may require the users to apply the stated promo-code to their cart during the check-out process.
3.4. Return and Refund Policy
For terms and conditions relating to returns and refunds, please consult our Returns and Refund Policy which is incorporated herein by reference.
3.5. Deliveries /Shipping
For terms and conditions relating to delivery/shipping, please consult our Shipping policy which is incorporated herein by reference.
3.6. Code of Conduct / Privacy / Laws
3.6.1. Canine & Co's website is hosted, controlled and operated in South Africa and is thus governed by South African laws.
3.6.2. Canine & Co will take all reasonable steps to protect the personal information of all customers of the website. Personal information is defined under the Promotion of Access to Information Act 2 of 2000 (PAIA) which is available at http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf.
3.7. Contact Information
3.7.1. Name: Canine & Co Holistic Pet Store (Pty) Ltd.
3.7.2. Phone: 010 447 9804.
3.7.3. Website: www.canineandco.co.za.
3.7.4. Email: info@canineandco.co.za.
3.7.5. Head Office: 139 Greenway Street, Greenside, 2193.
3.8. Trademarks and Copyright
3.8.1. Subject to the express provisions of these terms and conditions:
3.8.1.1. Canine and Co and/or its suppliers own and control all the copyright and other intellectual property rights on the website and the material on the website; and
3.8.1.2. all the copyright and other intellectual property rights on the website and the material on the website are reserved.
3.8.2. The user is not entitled to make use of any of the trademarks, logos and copyright on the website for any purpose, save with the express written consent of Canine and Co and/or the relevant supplier which owns the intellectual property.
3.8.3. Any additional third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
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