Treasure Pets (PTY) LTD’S WEBSITE TERMS AND CONDITIONS OF USE
INTERPRETATION AND PRELIMINARY
The headings of the clauses in the Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of the Terms and Conditions nor any clause hereof. In these Terms and Conditions, unless a contrary intention clearly appears:
1.1. Words Importing
1.1.1. any one gender include the other two genders;
1.1.2. the singular include the plural and vice versa; and
1.1.3. natural persons include created entities (incorporated or non-incorporated) and vice versa;
1.1.4. references to notices, statements and other communications by or from Treasure Pets include notices by or from Treasure Pets’ agent.
1.2. The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings, namely:
1.2.1. “Day” shall mean any day of the week, excluding Saturdays, Sundays and public holidays;
1.2.2. “Content” shall mean, content currently or anticipated to be displayed on Treasure Pets’ Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs provided by Teasure Pets’, its affiliates and/or subsidiaries, or any other third Party;
1.2.3. “Owner(s)” shall mean Treasure Pets, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.4. “Supplier” shall mean any person, company, natural or juristic person contracted by Treasure Pets for the supply of products or services its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.5. “Terms and Conditions” means the contents of this document together with any annexures, appendices, amendments and updates hereto;
1.2.6. “User” means any User of Treauure Pets Website;
1.2.7. “Website” means Treasure Pets website located at the domain name www.treasurepets.co.za
1.2.8. “Treasure Pets” shall mean Treasure Pet (Pty) Ltd, a private company duly incorporated in terms of South African Laws with registration number 2017/018811/07, and with its registered office at 123R Weston Road, Benoni Small Farms, Gauteng, South Africa and its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.9. “Parties” shall mean Treasure Pets and the User, and “Party” shall mean any one of them as the context may indicate.
1.3. Any provision of these Terms and Conditions imposing a restraint, prohibition or restriction on the User shall be so construed that the User is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition or restriction is observed by all representatives of the User accessing and/or using the Website under, by arrangement with, or at the invitation of the User (without limiting the generality of this provision) its associates, directors, members, officers, employees, agents and customers of the User.
1.4. When any number of days is prescribed in these Terms and Conditions, same shall reckoned exclusively of the first and inclusively of the last day unless the last day falls on the Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
1.5. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
1.6. Expressions defined in these Terms and Conditions shall bear the same meanings in schedules, annexures, addendums and amendments to these Terms and Conditions which do not themselves contain their own definitions.
2.1. These Terms and Conditions govern the User’s use of Treasure Pets’ Website.
2.2. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out below.
2.3. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute the Website, or any content thereof.
AMENDMENT OF THE TERMS AND CONDITIONS
3.1. Treasure Pets reserves the right to, at its sole discretion, change, modify, add to or remove portions or the whole of the Terms and Conditions from time to time.
3.2. Changes to the Terms and Conditions will become effective upon such changes being posted to the Website.
3.3. The onus rests with the User to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.
3.4. The User’s continued use of the Website following the posting of any changes or updates by Treasure Pets shall be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including any changes or updates thereto.
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, Treasure Pets makes the following information available to the User:
4.1. The Supplier is Treasure Pets (Pty) Ltd, a private limited company by shares duly registered and existing under the laws of South Africa with registration number 2017/018811/07 and with:
4.1.1. Its registered address at 123R Weston Road, Benoni Small Farms, Gauteng, South Africa
4.1.2. Contact number 071 211 2780;
4.1.3. Registered in Pretoria and accepting legal service at 123R Weston Road, Benoni Small Farms, Gauteng, South Africa
4.1.4. Its directors being Carolyn Landon and Stephen Landon
4.1.5. Its main business being an online retail store selling items related to pet care such as premium pet food, accessories, supplements and health related products
USERNAME & PASSWORD
5.1. Before making any purchase from Treasure Pets the User will be asked to set up an online profile, which will include a username (email address) and password.
5.2. It is the User’s responsibility to keep this information confidential and not to disclose this information to any third party. The User is requested to immediately inform Treasure Pets in the event that he/she believes that his/her information has been compromised.
AGREEMENT OF SALE
The agreement of sale between the User and Treasure Pets comes into being upon completion of the purchase cycle on the Website.
7.1. All payments to Treasure Pets will be hosted by VCS and I-Pay.
7.2. VCS uses the standard encryption protocol known as Extended Validation Secure Socket Layer with 128-bit encryption to keep the User’s order information secure by encrypting all sensitive information.
7.3. Treasure Pets will not be held liable for security breaches occurring on the User’s electronic device (PC or other electronic devices used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
7.4. The onus rests on the User to immediately inform his/her bank in the event that the User suspects any unauthorised charges to his/her bank account / card.
7.5 Customers with international billing addresses are only able to make payment by use of credit card.
8.1. Free delivery to Johannesburg will apply. All other main regions our courier delivers to will have a flat delivery fee of R80-00. A handling fee of R25-00 will be charged per order placed. We unfortunately do not deliver to remote areas. You can check if we deliver to you by sending us an email with your address or getting a shipping estimate when viewing your cart.
8.2. Treasure Pets aims to have as many of its products in stock as possible, but all orders placed by the User are subject to availability and receipt of payment.
8.3. Orders will be processed within 7 (seven) days and handed over to our Courier Company for delivery of all of Treasure Pets’ products.
8.4. Products in Gauteng will typically be delivered within 1 to 3 working days, whereas other provinces and areas may carry a 3 to 10 working day dispatch period.
8.5. The onus rests on the User to ensure that his/her delivery address provided is correct and updated from time to time, and Treasure Pets will not be held liable for delivery at any such incorrect address.
8.6. In the rare event that the User’s order doesn’t arrive, the User must notify Treasure Pets of the lost items via email within 30 (thirty) days from placement of the order.
RESTRICTIONS ON SALE
9.1. Placing an item in the shopping basket without completing the purchase cycle does not constitute an order or an agreement of sale between the User and Treasure Pets.
9.2. Prices and availability of products and services are subject to change without notice.
9.3. Should an item not be available from the supplier, Treasure Pets reserves the right to remove the order 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. Should the alternative product be more or less expensive than the desired product, and if the User wishes to purchase the alternative product, the User will need to pay the additional amount to Treasure Pets, or Treasure Pets will refund the balance to the User, as the case may be.
9.4. Treasure Pets reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions, including after an order has been placed and/or paid for by the User. In such event Treasure Pets will refund the User for the full purchase price, and the order will be cancelled.
DEFECTS & REFUNDS
10.1. In the event that the User receives a defective product, the User may notify Treasure Pets within 24 hours of becoming aware of the defect by way of email.
10.2. Treasure Pets will only refund defective products referred to in 11.1 below, up to 14 days after delivery of the product to the User, subject to:
10.2.1. The product having suffered proven damage during shipment; or
10.2.2. The product having an inherent manufacturing defect; and
10.2.3. The damage to the product is of no cause of the User; and
10.2.4. The product being returned to Treasure Pets in exactly the same condition as it was received (with its complete packaging) and without any signs of wear and tear.
10.3. The onus rests on the User to ensure that he/she orders the correct item and, subject to the User’s cooling-off period referred to in 10 above, Treasure Pets will not refund the User for any product incorrectly ordered by the User.
10.4. The User should immediately notify Treasure Pets in the event that the User receives a nutritional brand which has an adverse effect on his/her pet, in which event Treasure Pets will refund the User for the full purchase price thereof, subject to the nutritional brand being returned to Treasure Pets in its original packaging to enable the manufacturer to pick up the defective batch number and any other necessary information.
10.5. There will be no refunds for toys that are damaged by pets. The risk sits with the owner when buying toys from Treasure Pets who is the supplier and not the manufacturer of these toys.
11.1. Subject to 10.2 above, the User is entitled to cancel any transaction for the supply of goods within 7 days of receipt of such goods in terms of section 44 of ECTA.
11.2. After cancellation in terms of 10.1 above, and on receipt of the returned goods in its original condition and packaging by Treasure Pets, Treasure Pets will make a full refund of the purchase price to the User within 30 days, subject to a charge being levied for the return of the goods to Treasure Pets.
11.3. The cooling-off period will not apply to any customized products ordered by the User.
COMPLAINTS AND DISPUTES
Users may file complaints via the “Contact us” service on the Website.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
13.1. Treasure Pets provides certain information on its Website.
13.2. Content currently or anticipated to be displayed on Treasure Pets’ Website is provided by Treasure Pets, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
13.3. All such proprietary works, and the compilation of the proprietary works, belong to Treasure Pets, its affiliates or subsidiaries, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.
13.4. Treasure Pets reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the User.
13.5. All rights in and to the Content is reserved and retained by the Owners.
13.6. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
LIMITED LICENSE TO GENERAL USERS
14.1. Treasure Pets grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
14.2. Treasure Pets Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Treasure Pets or the Owners.
14.3. The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of another merchant.
14.4. The User may not frame nor use framing technologies to enclose Treasure Pets’ Website or the Content nor any part thereof without the express written consent of Treasure Pets.
14.5. Treasure Pets and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website, or Content of the Website.
14.6. Treasure Pets and its supplier, the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.
14.7. Any unauthorised use of Treasure Pets’ Website will terminate this license.
LIMITATION OF LIABILITY & DISCLAIMERS
15.1. Subject to section 43(5) and 43(6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Treasure Pets, its suppliers and the Owners shall not be held liable for any damage, or loss or liability of whatsoever nature incurred by whoever as a result of any act or omission.
15.2. Treasure Pets, its suppliers and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.
15.3. Neither Treasure Pets nor any of its suppliers, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Website or any functionality thereof, or of any linked website, even if Treasure Pets is expressly advised thereof.
15.4. The use of any product bought from Treasure Pets is at the User’s sole risk. The User indemnifies and holds Treasure Pets harmless against any loss, injury or damage which may be sustained as a result of the use of any of Treasure Pets’ products.
15.5. Should a specific product have a warranty or guarantee, such contract will be between the User and the relevant manufacturer of such product, and not between the User and Treasure Pets.
15.6. Information, ideas and opinions expressed on the Website should not be considered as professional advice. When in doubt or concerned about your pet’s health, please consult a registered veterinarian.
15.7. All pictures used on the Website are used to give Users an indication of the product and might not reflect the actual product.
15.8. Due to currency fluctuations and shipping costs, the prices of products may vary from the prices displayed on the Website. Treasure Pets will aim to keep the prices current and updated, but cannot guarantee that the prices displayed on the Website are always correct.
PRIVACY, ACCESS TO AND USE OF INFORMATION
16.1. Treasure Pets receives various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “Personal Information”).
16.2. Treasure Pets may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc.
16.3. Treasure Pets voluntarily subscribes to s 51 of ECTA and endeavours to treat Personal Information received by Treasure Pets accordingly. Whenever the User is of the opinion that Treasure Pets has failed to comply with s 51 of ECTA, the User shall inform Treasure Pets thereof by sending an email to email@example.com. Treasure Pets will review the User’s representations made by email and, if within Treasure Pets sole and absolute discretion advisable, take corrective action and in any event within 20 (twenty) days respond to the User informing him/her about corrective actions taken, if any.
16.4. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
16.5. Treasure Pets, its suppliers and the Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to Treasure Pets, its suppliers and/or the Owners through the Internet, or that you expressly or implicitly authorise Treasure Pets, its suppliers and the Owners to make, or for any errors or any changes made to any transmitted information.
16.6. To ensure acquaintance with and awareness of the privacy measures and policies of Treasure Pets, the User is urged to take care to read and understand the underlying privacy clauses attached as Annexure ‘A’ to these Terms and Conditions.
GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER
17.1. This Website is controlled, operated and administered by Treasure Pets from its offices as set out below within the Republic of South Africa.
17.2. Treasure Pets makes no representation that the Content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
17.3. The User may not use this Website in violation of South African export laws and regulations.
17.4. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Magistrates Court in the event of any dispute.
17.5. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
17.6. These Terms and Conditions constitute the entire agreement between Treasure Pets and the User and no variation, cancellation, novation or deletion of any provision of these Terms and Conditions shall be binding unless reduced to writing and signed by the an authorised representative of Treasure Pets.
17.7. No indulgence shown by Treasure Pets to the User may be construed as a waiver of any kind.
17.8. This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.
In the event that you need to contact Treasure Pets for purposes related to these Terms and Conditions, please use the following contact details:
18.1. Telephone: 071 211 2780. Available working days between 9am and 4pm.
18.2. Email: firstname.lastname@example.org
18.3. Physical address: 123R Weston Road, Benoni Small Farms, 1501
18.4. Postal Address: PO Box 13475, Northmead, 1511
1.1. The User may visit the Website without providing any personal information. The User accordingly hereby grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
1.2. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Treasure Pets uses this information to determine the use of the Website, and to improve Content thereon.
1.3. Treasure Pets assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation
2.1. If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to Treasure Pets and the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
2.2. The User grants to Treasure Pets and the Owners the right to use the name that the User submits in connection with such Information, if they choose.
2.3. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Treasure Pets, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies Treasure Pets and the Owners for all claims resulting from the receipt by Treasure Pet of the Information the User supplies to it.
2.4. Treasure Pets reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages.
2.5. Treasure Pets takes no responsibility, and assumes no liability for any Information posted by the User or any third party on its Website.
SOLICITED INFORMATION THE USER GIVES TO TREASURE PETS
3.1. Treasure Pets requires certain Personal Information necessary to process transactions if the User requires any of Treasure Pets’products or services.
3.2. Treasure Pets receives and stores all Information, including Personal Information which the User enters on the Website or gives to Treasure Pets, in any other way.
3.3. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from Treasure Pets.
3.4. Treasure Pets provides its products and services in conjunction with its affiliates, subsidiaries, suppliers and the Owners. In this regard and unless specifically restricted by the User from the license above, the User hereby and when entering into the specific transactions in question expressly grants in writing to Treasure Pets, with its affiliates, subsidiaries, suppliers and the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media for any purpose whatsoever.
3.5. The User’s Information that is required by Treasure Pets’ affiliates, subsidiaries and suppliers to give effect to transactions that the User choose to enter into, will be shared with those entities.
4.1. Treasure Pets aspires to provide first-class service to its customers, which necessitates Treasure Pets providing information to the User regarding new services or special offers.
4.2. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to email@example.com
Treasure Pets may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, User / customer Information will be one of the transferable assets.
When Treasure Pets is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Treasure Pets may also impart Personal Information if permitted or required to do so by law.
SURVEYS AND STATISTICAL PROFILES
7.1. Treasure Pets understands that efficiency and customer care translates to good service.
7.2. Treasure Pets may periodically conduct online customer care surveys to facilitate the updating of service standards.
7.3. When it conducts a survey, Treasure Pets will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
7.4. Notwithstanding the foregoing, Treasure Pets may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
Personal Information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete.
Subject to the Regulation of Interception of Communications Act (“RIC”), Act no 70 of 2002, the User agrees that Treasure Pets may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Treasure Pets, its employees, directors and agents. The User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.