Terms and Conditions1. PREAMBLE
1.1 The following terms and conditions (hereinafter referred to t’s and c’s) are applicable to all users of this website and the basis upon which we supply and you purchase of the products on our website
1.3 If you have any queries in relation to these t’s and c’s, please e-mail Customer Service at firstname.lastname@example.org before placing your order
2. DEFINITIONS AND INTERPRETATION
2.1 Agent means any agent appointed by Disfruta to market and sell the goods including any retailers to whom Disfruta sells to for purposes of resale
2.2 Contract means any purchase of items from our site from you from us for which these t’s and c’s are used for
2.3 Customer Services means the contact available to you to for any queries, comments, complaints, feedback etc. in relation to the Goods
2.4 Card Issuer means the bank or credit union who offers credit cards
2.5 Disfruta means Disfruta Tours Proprietary Limited bearing registration number 2014/161281/07 trading as Ekoi South Africa
2.6 Goods means the products sold to you in accordance with the specifications as described on this website and in terms of these t’s and c’s
2.7 Payfast means the secure online gateway used to make payment online on this website
2.9 Returns Policy means the Returns Policy attached hereto
2.10 Return means delivery to us or collection from you at the delivery address stipulated in your order
2.12 You means the user intending to purchase Goods on this website or purchasing Goods on this website
2.13 We and/or us and/or our means Disfruta Tours (Pty) Ltd trading as Ekoi South Africa
2.14 Any reference to the singular includes the plural and vice versa;
2.15 any reference to natural persons includes legal persons and vice versa;
2.16 any reference to a gender includes the other gender
2.17 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive clause in the body of the agreement notwithstanding that it is only contained in the interpretation clause.
2.18 The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
2.19 If any period is referred to in this agreement by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day other than a business day or a public holiday, in which case the last day shall be the next succeeding day which is a business day.
2.20 Words and expressions defined in any sub clause shall, for the purposes of the clause of which that sub clause forms part, bear the meaning assigned to such words and expressions in that sub clause.
3.1 Disfruta Tours Proprietary Limited (“Disfruta”), with registration number 2014/161281/07, is a private company duly incorporated in accordance with the company laws of the Republic of South Africa.
3.2 Disfruta is the exclusive distributor for the Ekoi brand (which can be found at www.ekoi.com) and for purposes of this website Disfruta shall trade as Ekoi South Arica
3.3 Disfruta has developed a website for Ekoi South Africa at www.ekoi.co.za (“the website”) and sets out the t’s and c’s which shall govern the website
3.4 Disfruta is deemed to be a responsible party in terms of:
3.4.1 the Protection of Personal Information Act 4 of 2013;
3.4.2 the Consumer Protection Act 68 of 2008; and
3.4.3 the Electronic Communications Act 36 of 2005
as amended, consolidated or re-enacted from time to time, and includes all schedules and regulations thereto
4.2 If you do not wish to be bound by these terms and conditions, you may not access, use, display download and/or otherwise copy or distribute content obtained through the website
4.3 You may not use the website in any way:
4.3.1 that causes, or may cause damage to the website; and/or
4.3.2 that causes or may cause impairment of the availability or accessibility of the website; and/or
4.3.3 which is unlawful, fraudulent or harmful; and/or
4.3.4 in connection with any unlawful illegal, fraudulent or harmful purposes or activity
4.4 The website may not be sued to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
4.5 You may not conduct any systematic or automated data collection activities (including but not limited to scraping and data mining, data extraction and data harvesting) on or in relation to the website without our consent.
4.6 The website may not be used to transmit or send unsolicited commercial communication and/or for any purposes related to marketing without out express written consent.
4.7 You hereby indemnify and hold us harmless from and against all and any claims, damages, costs, and expenses (including attorney’s fees) arising from or related to your use of the website, provided that any claim against us is not as a result of our gross negligence.
4.8 By placing an order through our website, you confirm that you are legally capable of entering into binding Contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.
4.9 We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website.
4.10 The website may contain links to other websites that are not under our control and we accordingly take no responsibility for the linked websites (external websites) including but not limited to its availability and content nor do we endorse the same.
4.11 The links to our website includes:
4.12 This website’s content (including text, design, layout, images, and videos) are protected by copyright and is owned by Disfruta.
4.13 This website and the content herein may not be reproduced or otherwise exploited for any commercial purpose without our express prior written consent.
5. DESCRIPTION OF GOODS AND PRICING
5.1 The Goods advertised and displayed on our website has been photographed and described as accurately as possible.
5.2 Should any of the Goods received be apparently different to what you had ordered, please see our Returns Policy
5.3 Our employees and Agents are not authorised to make any representations concerning the Goods unless confirmed first by us to you in writing which representations shall not be relied on.
5.4 Should any Goods be subject to a limited period of availability, alternatively a limited stock, alternatively, made subject to conditions in relation to delivery and turn-around time, this will be explicitly mentioned in the description.
5.5 Should any of the Goods described not meet the specifications as advertised, please see our Returns policy
5.6 All prices shown in the website are in South African Rands (ZAR) and inclusive of VAT at 15% (or as amended from time to time).
5.7 Should we advertise a sale on any Goods, this will be for a limited period of time and while stocks last
5.8 In the unlikely case that an error in pricing appears in Goods that you have ordered we will inform you as soon as possible. We shall however be under no obligation to fulfil an order for Goods which price was patently incorrect (e.g. gloves advertised for R10 and meant to be R1000)
6. HOW TO PLACE AN ORDER
6.1 You have an option of registering as a user on our website or making ad hoc purchases without having to register.
6.2 Should you choose to register however, (a) your details will be stored and (b) you will be able to view your history of orders
6.3 Once you have selected the Goods you wish to purchase, you will have an option of choosing your size.
6.4 You can then click “Add to cart”
6.5 Repeat this process for all items you wish to purchase
6.6 Once you have completed your selection, click the check-out trolley icon
6.7 You will then be required to enter your address details where you would like your order to be delivered to.
6.8 Please ensure that you include a physical address as do not deliver to Post Office Box addresses.
6.9 You will then be directed to the payment process and you will need to follow the instructions depending on which method you have chosen to pay as contemplated in paragraph 7.1 below
6.10 You will then receive an email as contemplated in paragraph 8 below.
7.1 All purchases are to be done online using the Payfast secure online gateway via the following payment methods:
7.1.1 VISA or Mastercard credit card; or
7.1.2 VISA or Mastercard debit card; or
7.1.3 Instant EFT; or
7.2 All payments made via 7.1.1,to 7.1.4 shall be subject to validity checks and authorisation by the Card Issuer.
7.3 If the Card Issuer refuses to authorise payment to us, you will receive a second opportunity to make payment
7.4 Should your payment authorisation be declined a second time around, no order shall be placed and we will accordingly have no obligation to deliver
7.5 By using the aforesaid methods of payment as contemplated in 7.1 above, you hereby consent to your personal information being supplied to Payfast for purposes of processing your payment.
8. PROCEDURE AFTER ORDER AND PAYMENT
8.1 When you place an order with us, you are making an offer to buy Goods and paying for the Goods.
8.2 After receipt of your order we will send you an automated ‘order confirmation e-mail’ detailing the Goods (and its price) with an order number which email represents acceptance of your order
8.3 You will only receive the order confirmation e-mail if we are satisfied that payment has been successfully processed via the various payment options provided at paragraph 7.1 above.
8.4 If you do not receive such an email within one working day of placing your order please contact our Customer Services.
8.5 Once you have received the order confirmation e-mail, we will send you: -
8.5.1 an automated ‘despatch confirmation e-mail’ when the Goods you have ordered have left our warehouse which e-mail shall notify you that your Goods are on the way; or
8.5.2 An automated email declining/cancelling your order if (a) there is no stock of your order or (b) there has been a pricing mistake
8.5.3 If we have run out of stock of your order, you will receive a separate email advising you of when the stock will be arriving in which event you will need to place an order again for the Goods
8.6 If your order is declined/cancelled you will receive:
8.6.1 An e-mail from Customer Services confirming that your money has been reversed and will be refunded into your account via EFT upon receipt of your bank account details
8.6.2 The automated e-mail from us as contemplated in terms of paragraph 8.5.2 which email shall confirm that you will receive a refund and return of the Goods ordered
9.1 Once you receive the despatch confirmation e-mail as contemplated in paragraph 8.5.1 above, you will receive a unique tracking ID from our courier company.
9.2 Subject to delays above, delivery shall take place between 1 – 3 days to the designated address stipulated in your order
9.3 Orders above R1,000 are delivered free of charge provided the delivery address are within the borders of South Africa.
9.4 Orders under R1,000 are subject to a delivery charge which charge will depend on the delivery address stipulated in the order and will be displayed on checkout of your order.
9.5 The delivery charge is not included in the price of the Goods displayed on the website and you will be able to view the price of delivery at check out just before you make payment.
9.6 Should your order include more than one item of Goods and the said items are not all available immediately as contemplated in terms of paragraph 8.5.2 and above, there will be no separate delivery charge for the remainder of the Goods
9.7 If the Goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see Returns Policy for further details.
10. CANCELLATION AND RETURNS
Please see our Returns Policy
11. COMPLAINTS PROCEDURE
11.1 If you have any concerns and/or complaints and/or comments in relation to our service or the Goods, please contact Customer Service.
11.2 We will endeavour to respond to you within 48 hours of receipt of your email or telephone call.
13. LIABILITY AND INDEMNITY
13.1 Nothing in these t’s and c’s shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, Agents or employees.
13.2 Our liability for losses you suffer as a result of us breaching any of the terms and conditions contained in these t’s and c’s is strictly limited to the purchase price of the Goods you purchased.
13.3 Except as set out above and in relation to our contractual obligations to supply Goods and/or services following acceptance of orders placed on our website, neither we nor any of our Agents, affiliates, directors, employees or other representatives will be liable in Contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website which use shall be read with paragraphs 4.3 to 4.11 above
13.4 We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or Contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of Contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
13.5 You agree to indemnify us and our Agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of your breach of these t’s and c’s.
These t’s and c’s and all matters connected with any order you place on our website are governed by South African Law and you agree to submit to the exclusive jurisdiction of the South African courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.
15.1 We reserve the right to change, modify, add or remove portions or the all of these t’s and c’s from time to time.
15.2 Any changes as contemplated in 14.1 above, will become effective once it is posted on this website.
15.3 Please ensure that you read the t’s and c’s for each order you process in the event that there are changes to the same.
15.4 In the event that any of these t’s and c’s are deemed invalid, unlawful or any reason unenforceable, this shall not affect the enforceability and validity of the remainder of the t’s and c’s.
15.5 These t’s and c’s constitutes the whole agreement between Disfruta and yourself and: -
15.5.1 neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
15.5.2 Any changes to the t’s and c’s as contemplated in paragraph 14.1 shall be of no force and effect unless reduced to writing and accepted by both parties as contemplated in the said paragraph.
15.6 Any indulgence of whatsoever nature granted by us shall not be construed as a waiver or variation of any of our rights or remedies.
15.7 You may not transfer any of your rights or obligations under these t’s and c’s to another person without our prior written consent, which we will not withhold unreasonably.
15.8 We can, however, transfer all or any of our rights and obligations under these t’s and c’s to another organisation, but this will not affect your rights under these t’s and c’s.
15.9 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these t’s and c’s that is caused by events (force majeur / act of God) outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, , fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.
15.10 These t’s and c’s and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.11 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these t’s and c’s.