By using this website (herein “Website”) you acknowledge that you have read, understand and agree to be bound by these terms and conditions (herein “Terms”). If you do not understand and agree to these Terms, or are not legally entitled to so agree, then you may not access or use the Website.
1.1. The Website is operated by Hertzner.
1.2. These Terms govern your access to and use of the Website, as well as the ordering, sale and delivery of goods advertised on the Website (herein “Goods”).
1.3. Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may be onerous in nature.
1.4. We reserve the right to revise these Terms and any information disclosed on the Website (inclusive of prices of Goods and delivery charges), from time to time, with the revised Terms or other changes taking effect on the date of its publication on the Website. It is your responsibility to stay informed of all such changes, and your continued use of the Website will constitute your deemed acceptance to be bound by such changes.
2. About us
2.1. For purposes of section 43(1) of the Electronic Communications and Transactions Act (herein “ECT Act”), No. 25 of 2002, we disclose the following information to you:
Full name and legal status: LE BEAU MONDE (PTY) LTD TRADING AS STICKY FUDGE
Place of registration: CIPC, PRETORIA, SOUTH AFRICA
Main business: BUSINESS ACTIVITIES NOT RESTRICTED
Office bearers: MS L BOTHA AND DR I J BOTHA
Physical address where we will receive legal service of documents:
THE WOODMILL, VREDENBURG RD, GROUND FLOOR, SHOP 8 & 1, DEVONVALLEI, STELLENBOSCH, 7600
General email address: INFO@STICKY-FUDGE.COM
General telephone number: 060 8818112
3. Registration and security
3.1. In order to make use of certain services offered on the Website you may be required to create a user account by choosing a unique username and a password (herein “Login Credentials”), as well as certain other information necessary or expedient for us to make the Website available to you.
3.2. Should your information change, please update it on our Website, otherwise we shall presume that your information is accurate and place reliance thereon.
3.3. Traffic between yourself and our website will be authenticated and encrypted using generally accepted secure socket layer (i.e. SSL) certificate and encryption technology.
3.4. You acknowledge and agree that:
3.4.1. you are responsible for keeping your Login Credentials confidential;
3.4.2. we will rely on your Login Credentials to verify your identity on the Website;
3.4.3. you are responsible for keeping your personal details and addresses listed on our Website up to date, as we will rely on such information for any purposes under these Terms and you will be liable for any wasted costs resulting from failing to do so;
3.4.4. you will notify us immediately of any unauthorised access to and/or use of your Login Credentials; and
3.4.5. we may deem any action on our Website authenticated with your Login Credentials as having been done by you.
4. Stock availability and orders
4.1. We cannot guarantee availability of Goods, despite advertising a particular item on our Website.
4.2. Goods in stock may be purchased from us via our Website by placing an order and making payment therefore to us as directed on our Website (herein “Order”).
4.3. If we do not have stock of the Goods on your Order or are unable to fulfil your Order, we will notify you of the part of the Order we are unable to fulfil without delay and refund the relevant payment within 30 (thirty) calendar days.
4.4. You may access and view a full record of your Orders via our Website using your Login Credentials.
4.5. We reserve ownership of all goods sold until fully paid for.
5.1. Payment for order placed must be made by way of our third-party credit card payment gateway provider (herein “Payment Provider”), namely Peach Payments. When making payment for an Order, our Website will redirect you to the Payment Provider, where payment will take place.
5.2. The Payment Provider is an independent third party and your use of the Payment Provider’s services may be subject to additional terms as conveyed on its website or interface, as the case may be.
5.3. By using a credit card to pay for your orders, you warrant and represent that you are duly authorised to do so.
6.1. We will fulfil your Order and make delivery thereof via our nominated third-party courier as soon as reasonably possible after the placement of an Order, but in any event no later than 30 (thirty) days thereafter.
6.2. If we are unable to deliver the Goods to you within the aforesaid period, then we will notify you accordingly and you may then, within 7 (seven) days after receiving such notification, elect whether or not to cancel the Order or not via the functionality made available on our Website. If you notify us of your election to cancel the Order, then we will refund you the amount paid in respect thereof within 30 (thirty) days after receipt of your notification. For clarity, the foregoing will not apply where delivery is delayed as a result of the information provided by you in your Order being incorrect or you being unable to take receipt of the Goods.
7. Returns, exchanges and refunds
7.1. Defective Goods
7.1.1. Subject to clause
7.1.2 below, in the unlikely event of any Goods purchased from us via the Website turning out to have a defect within 6 (six) months from the delivery date, you may return such Goods to us at your cost and if we agree that the item is defective, we shall at our election either replace the item or refund the purchase price. We will notify you of our election without undue delay and in the case of a refund, process the relevant payment within 30 (thirty) calendar days.
7.1.2. Purchasing the wrong size of any item will not be deemed to constitute a defect. We provide a sizing chart on our Website to assist you in purchasing the right size.
7.2. Non-defective Goods
7.2.1. Except for Goods excluded from return without defect in terms of clause
7.2.3 below, you may cancel any Order within 7 (seven) days of delivery thereof. You will receive a full refund within 30 (thirty) days of the date of cancellation (i.e. your cancellation in such circumstances will entitle you to a refund only and not to replacement items), subject thereto that you have promptly returned the relevant Goods to us at your cost, we have received and inspected it and found it to be in exactly the same condition as we have sent it to you. If the Goods are not in exactly the same condition as we sent it to you (e.g. tags attached, unworn and unwashed), you will not qualify for a refund.
7.2.2. We shall be entitled to subtract from the value of any refund for non-defective Goods the direct cost incurred by us in the returning of the relevant Goods, such as the cost of repackaging in the event that the packaging has been torn or otherwise damaged.
7.2.3. The following Goods are not eligible for a return as non-defective Goods:
220.127.116.11. intimates, swimwear, bodysuits or underwear;
18.104.22.168. jewellery for piercings;
22.214.171.124. gift cards or vouchers;
126.96.36.199. a beauty product that has been used;
188.8.131.52. foodstuff, beverages or other Goods intended for everyday consumption;
184.108.40.206. Goods that have been personalised for you or made to your specifications;
220.127.116.11. Goods that, by reason of their nature, cannot be returned;
18.104.22.168. Goods that have been purchased during a sale period ,or
22.214.171.124. any other Goods excluded from return by virtue of section 42(2) of the ECT Act.
8. Usage restrictions
8.1. You may not directly or indirectly:
8.1.1. attempt to overcome any security features of the Website;
8.1.2. place an undue burden on this Website by making a high volume of requests in short succession;
8.1.3. access this Website by automated means, except in the case of a bona fide search engines indexing public pages; and
8.1.4. use the Website to post and/or distribute material that is obscene, threatening, violent, racial, defamatory, offensive or otherwise unlawful.
8.2. We reserve the right to take any steps necessary to preserve the security, integrity and reliability of the Website.
8.3. We may, in our sole discretion, terminate or suspend your access to the Website, including (without limitation) in the case:
8.3.1. you breach any of these Terms; or
8.3.2. we are required by law to do so.