The Spice Prayer Wellness Online Shop (SPWS) – Terms & Conditions
The Spice Prayer Wellness Online Shop (SPWS) – Terms & Conditions
Introduction
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website. By using the Website, you agree that you have read and agree to be bound by these Terms and Conditions.
A minimum order value of R250, including VAT and excluding delivery charges, is applicable.
The prices include VAT and exclude delivery charges.
About Us
www.spwshop.co.za (“Website”) is operated by IconomySA CC.
Registration number 2001/014805/23.
Registered office, AMR Building 3, 9 Concorde Road East, Bedfordview, 2007. The Republic of South Africa.
Telephone +27 11 867 5005, email info@spwshop.co.za.
IconomySA is the contracting party.
Use of the Website
You must be registered to order Goods on the Website.
To register as a user, you must provide a unique email address (username) and password and provide certain information and personal details. You will need to use your email address and password to access the Website to purchase Goods.
You agree and warrant that your username and password shall: be used for personal use only; and not be disclosed by you to any third party.
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 the payment of such order, except where you cancel the order in line with these Terms and Conditions.
You agree to notify SPWS immediately upon becoming aware of or reasonably suspecting unauthorised access to or using your username and password to mitigate any resultant loss or harm.
By 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 may use the Website only with the involvement and supervision of your parent or legal guardian. Suppose your parent or legal guardian supervises you and gives their consent. In that case, such person agrees to be bound to these Terms and Conditions and be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. Also, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein without the prior written consent from an authorised SPWS representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).
You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech, or otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and the information contained therein without the express prior written consent of an authorised SPWS representative.
Confirmation of sales and stock availability
Registered users may place orders for Goods, which SPWS may accept or reject. Whether SPW Shop takes 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 SPWS for the Goods.
Note: SPWS will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and SPWS or the Third-Party Seller come into effect (the “Sale”). SPWS will indicate the rejection of your order by cancelling it and, as soon as possible after that, refund you for any amount already paid.
Before 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 delivering the Goods, you may return the Goods only in line with the Returns Policy.
Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods. 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 SPWS or the Third-Party Seller 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.
You acknowledge that the stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by SPWS, SPWS will take all reasonable efforts to monitor stock levels and ensure that offers thereof are discontinued on the Website when stock is no longer available. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, SPWS will notify you, and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods for sale by a Third-Party Seller, SPWS relies on inventory information supplied by the relevant Third-Party Seller. SPWS accordingly bears no liability for any inaccuracies in the information provided to it. Consequently, should you order any Goods from a Third-Party Seller which are sold-out, any resulting dispute should be resolved between you and the relevant Third-Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Price
The prices quoted on the Website are in Rands and include VAT and exclude delivery. Prices are subject to change without notice. When placing a purchase order via the Website, the price payable will be the price on the order.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via credit card. We may require additional information to authorise and verify the validity of the payment. In such cases, we are entitled to withhold delivery until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive approval, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. 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;
Shipping
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, SPWS will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). Most of our orders are dispatched within 48 hours of receiving payment into our account. Delivery then takes up to 7 days depending on your location. We will notify you if we cannot deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
SPWS obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. SPWS is not responsible for any loss or unauthorised use of a product after it has been delivered the product to the physical address nominated by you.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
SPWS shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
Returns Policy
If you’re looking to return or exchange your order for whatever reason, we’re here to help! We offer free returns or exchanges within 15 days of dispatching your order. You can return your product for store credit, a different product, or a refund to the original payment method.
SPWS will accept the return of products subject to this returns policy.
A product may be returned or exchanged provided:
(a) it is undamaged and unused, with original labels attached;
(b) it is in its original packaging;
(c) it is complete ;
(d) it was not custom made;
(e) you email your request to “info@spwshop.co.za” within 10 business days of delivery and
(f) you bear the cost of return delivery. SPWS will replace the product or refund you with the product’s purchase price at its discretion.
Refunds Policy
Once approved, refunds will be deposited into the credit card which was used to pay. Refunds will be completed within 30 days of approval of the refund.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites, and SPWS is not responsible for the practices and privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
Although the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk. We are not responsible for any loss, expense, claim, or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained therein.
Electronic communications
When you visit the Website or send emails to us, you consent to receive communications from us electronically in line with our privacy policy.
Disclaimer
The use of the Website is entirely at your own risk. You assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
While SPWS takes reasonable measures to ensure that the content of the Website is accurate and complete, SPWS makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If SPWS representatives make any such representations or warranties, The SPWS shall not be bound thereby.
The SPWS disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of SPWS, its directors, employees and agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, SPWS also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of SPWS, its employees, agents or authorised representatives. SPWS disclaims liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Limitation of liability
SPWS cannot be held liable for any inaccurate information published on the Website and any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of SPWS, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
SPWS shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance on, the Website or the content contained in the Website, or your inability to use the Website, and unlawful activity on the Website and any linked third-party website.
You with this indemnify SPWS against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and any linked third-party website.
Governing law and jurisdiction
These Terms and Conditions and our relationship and any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted under the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and SPW Shop, you with this consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
SPWS selects AMR Building 4, 9 Concorde Road East, Bedfordview, 2007 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).
You with this select the delivery address specified with your order as your legal address. However, you may change it to any other physical address by giving SPWS no less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email, and English. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All Email communication must use the “Read Receipt” function to prove that an email has been received.
Complaints
We are bound by the Consumer Goods and Services Industry Code.
An electronic copy of this code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us on the Website, or you can call us on 011 867 5005.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the dispute. The CGSO’s contact details are Website: http://www.cgso.org.za/ Share call: 0860 000 272 Email: complaints@cgso.org.za.
Information
For the ECT Act, SPWS information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website.
IconomySA CC is a close corporation registered in South Africa with registration number 2001/014805/23.
Main business: Strategy & Marketing Consultants.
Physical address for receipt of legal service (also street address): ARM Building 3, 9 Concorde Road East, Bedfordview, 2007, Marked for the attention of J Dhunes.
Postal Address: PO Box 10169, Edenglen, 1613.
Phone number: +27 11 867 5005.
Email address: info@iconomysa.co.za
General
SPWS may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on you or SPWS to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights. The grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee, which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and SPWS. No other warranty or undertaking is valid unless contained in this document between the parties.