TERMS & CONDITIONS

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✦ ONLINE TERMS AND CONDITIONS

Your use of this website indicates your understanding and acceptance of these terms and conditions and your agreement to follow and be bound by them.  If you do not agree to these terms and conditions, please leave this website immediately. As these terms and conditions may be amended from time to time, please ensure that you review same each time you enter this website. Your access to this website and use of any services provided herein, including all purchases, are subject to these terms and conditions.

All clauses in these terms and conditions indicated in bold are provisions which limit our risk or liability and/or constitute an assumption of risk or liability and/or a waiver of rights by you and/or are an acknowledgement of a fact by you, and are accordingly drawn to your attention. You are encouraged to pay particular attention to these clauses and to consider them carefully.

✦ TERMS AND CONDITIONS OF SALE

Between (i) Happy Culture Kombucha (Pty) Ltd, Happy Culture facility, Simondium Guild, ERF 1337, Klapmuts, Western Cape, 7670. CK No: 2016/535550/07 VAT Reg: 4710280290 and (ii) you.

1. Security Policy: Happy Culture is committed to protecting your privacy. All information gathered on this website is used to personally identify you, to inform you of competitions and special offers and to ensure that you receive the goods ordered. Your information shall not be used for any other purpose and shall not be sold or made available to third parties.

2. Agreement of Sale

• Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not constitute an agreement of sale or an order for such product.
• Happy Culture may remove an item(s) from the shopping basket or wish list if no stock is available.
• An agreement of sale only comes into effect if and when you electronically submit a properly completed order for one or more products in your shopping basket and payment for such products is either authorised by the relevant bank or received by Happy Culture in its bank account.
• Happy Culture reserves the right to cancel any sale, in whole or in part, without reason. Happy Culture shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such refusal to process any sale.
• You hereby warrant that you are legally able to enter into the proposed agreement of sale, that you are authorised to make payment using your chosen method and that you have sufficient funds available to pay for the item(s).

3. Stock Availability

• Stocks of all products on offer on this website are limited.
• Happy Culture shall use all reasonable efforts to ensure that this website is updated when stocks are no longer available.
• However, should products still appear on this website after stocks thereof are sold out, Happy Culture shall have no liability in respect of the unavailability of the product concerned, provided that Happy Culture shall refund monies paid by you in consideration for the unavailable product(s).

4. Prices

• The price of each product is displayed with the product listing. Prices are subject to change without notice.
• In the event of a sale or a special offer, the discounted price is displayed.
• Prices displayed include VAT at a rate of 15%, but exclude delivery charges and import duties, if applicable.

5. Payment Methods

• As part of the order cycle you will be requested to select your preferred method of payment.
• This website is set up to enable payment via credit card or via electronic funds.
• At the time of placing an order, the transaction details will be presented by Happy Culture to the relevant bank for the purpose of obtaining an authorisation for the amount of the order concerned.
• Should the relevant bank decline authorisation for a transaction, Happy Culture shall be entitled to cancel the order concerned. Payment is only collected by Happy Culture once the order is complete and prior to the products being delivered.

6. Delivery

• Happy Culture delivers to addresses within the borders of South Africa.

• Happy Culture shall use its best endeavours to procure that all products purchased on this website will be delivered anywhere in South Africa within 1-5 business days of the order being placed. Delivery periods are regarded as having commenced on the first business day following payment confirmation being received by Happy Culture.
• If orders are placed over weekends and/or public holidays, Happy Culture shall use its best endeavours to procure that the products are delivered within the aforesaid time periods, calculated from the first business day after receipt of payment confirmation.
• The aforesaid times for delivery are estimates only and shall not be binding on Happy Culture. Should there be a substantial delay in delivery or an out-of-stock situation, Happy Culture will contact you immediately via the details provided on the order.
• Happy Culture’s liability for failing to deliver the products as aforesaid shall be limited to the products being delivered at a later agreed time at no additional charge.
• By placing an order, you understand and agree that any person other than yourself who receives the products at the delivery address nominated by you shall be conclusively presumed to be authorised to accept delivery on your behalf.
• To enquire about a delivery you can contact our online customer support team at [email protected] or via Whatsapp or phone on (083)997-196.
• It is the customer’s responsibility to ensure that you or an authorised person shall be in attendance at the delivery address during the agreed delivery day and that appropriate access to the delivery address will be available.
• Should you instruct us to make delivery to any person or address other than the person or address originally nominated by you for delivery, Happy Culture shall not be liable for any loss or damage arising out of delivery to such alternative person or address.

7. Delivery Costs

• Delivery costs shall be charged in addition to the purchase price displayed on the product listing.
• Delivery costs differ depending on a variety of factors, including product type, price and weight as well as whether delivery is made within or outside the borders of South Africa.

8. Risk and Ownership

• Risk in and to the products shall pass to you upon acceptance of delivery of the products at the delivery address nominated by you.
• Ownership in and to the products shall pass to you upon receipt by Happy Culture of the purchase price of the products concerned.

9. Cancellations

• Subject to applicable South African legislation, orders placed for products in terms of a completed order cycle can only be cancelled if Happy Culture, in its discretion, agrees in writing to such cancellation.
• Happy Culture will only consider a proposed cancellation if a request for return of the products is received by Happy Culture within seven (7) business days of the date of delivery of the products and the products in question are returned to Happy Culture in the same condition as when received, are in   their original unopened packaging and are accompanied by the relevant invoice(s) relating thereto.
• Where cancellation is accepted by Happy Culture, we will reimburse you for any amounts already paid towards returned products.
• Delivery charges will not be refundable and the costs involved in returning the products to Happy Culture shall be for your account.

10. Incorrect or Defective Products

• Happy Culture will accept returns of incorrect, faulty, damaged or defective products within a period of 30 business days after the date on which the products in question were delivered to you.
• Should you receive an incorrect, faulty, damaged or defective product you must notify Happy Culture immediately by sending an email to [email protected] or by phoning 083 405 0384, and giving full detail of the transaction and your complaint.
• In the event that it is determined by Happy Culture that the product was incorrect, faulty, damaged or defective at the time of delivery, Happy Culture shall either replace the product at its expense (provided that stock of such product remains available) or provide you with a full refund for the product concerned together with delivery fees.
• In such event Happy Culture shall bear the costs associated with return of the product. If the product is replaced by Happy Culture, Happy Culture shall be responsible for any delivery fees associated with delivery of the replacement product.

11. Disclaimers and Exclusions of Liability

• You agree that the use of this website or the internet is entirely at your own risk.

• This website and its contents are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Happy Culture makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to this website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.

• To the maximum extent permitted by law, Happy Culture disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. 

• To the maximum extent permitted by law, Happy Culture does not warrant that the functions provided by this website will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.

• Save as expressly provided herein and to the maximum extent permitted by law, Happy Culture shall under no circumstances be liable to you, or  to any third party, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising out of contract or delict) sustained by you, the recipient of the products or any third party arising from, as the result of or in connection with:

• • your use of this website and the services offered herein or your inability to access or use this website and the services offered herein;

• • your purchase or inability to purchase the products offered for sale on this website;

• • a shortage of stock or discontinuance of products offered on this website;

• • any delay in delivery of, or failure to deliver, the products;

• • use of the products by yourself or any third party;

• • the products being of incorrect type, defective, faulty or damaged.

12. Intellectual Property

• This website, the content thereof, the trademarks herein and the products and the online services are the property of Happy Culture and all proprietary rights herein vest in Happy Culture and/or its affiliates.
• All copyright subsisting in this website vests exclusively in Happy Culture and/or its affiliates.
• You are not authorised to use, amend or exploit any of the intellectual property rights, including the trade marks, in any manner whatsoever, nor are you allowed to copy or use the content of this website.

13. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa. These terms and conditions are subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 (the Act) and any of these terms and conditions which conflict with any compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
14. Jurisdiction: You hereby consent and submit to the jurisdiction of the Port Elizabeth Local Division of the High Court of South Africa in respect of any legal proceedings instituted in connection with your use of this website or your purchase of the products.
15. Domicilium: For purposes of Happy Culture serving any legal notices you choose as your domicilium the physical address, email address and facsimile number provided during the registration process.
16. Force Majeure

• Should Happy Culture be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Happy Culture is so prevented from fulfilling them.
• In the event that force majeure continues for more than fourteen (14) days after it has first occurred, then Happy Culture shall be entitled (but not obliged) to terminate, without penalty, all of its rights and obligations in terms of or arising out of these terms by giving notice to you.
• An “event of force majeure” shall mean any event or circumstance whatsoever which is not within Happy Culture’s reasonable control including, without limitation, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

17. General Legal Terms

• These terms and conditions constitute the sole record of the agreement between you and Happy Culture in relation to the subject matter hereof.
• These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Happy Culture in respect of the subject matter hereof.
• No indulgence or extension of time which either you or Happy Culture may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
• You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these terms and conditions to any third party without the prior written consent of Happy Culture.
• All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall only to the  extent that it is so unenforceable be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.