Terms and Conditions of Sale

 

1.LEGALLY BINDING AGREEMENT

BY PLACING AN ORDER FOR GOODS AND/OR SERVICES ON THIS WEBSITE, THE CLIENT AGREES TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS OF SALE UNAMENDED.

2. LEGALLY BINDING AGREEMENT

2.1 IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE TERMS AND CONDITIONS OF SALE HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.

2.2 IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT RELATE BRACELETS ON +27 21 418 3144 OR EMAIL: INFO@RELATE.ORG.ZA. 

2.3 YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING:

2.3.1 LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF RELATE BRACELETS AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE;

2.3.2 ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE CLIENT;

2.3.3 INDEMNITIES IN FAVOUR OF RELATE BRACELETS; OR

2.3.4 AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE CLIENT.

2.4 SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT. 

3. NO OFFER

3.1 Clients should regard nothing contained in this website as an offer but rather as an invitation to do business.

3.2 The goods and services advertised on this website are available to South African and international clients and delivery addresses. However, the interpretation, enforcement and any other matter arising from or relating to these terms and conditions shall be governed by South African law, and the Client expressly agrees to be bound by South African Law when interacting with this website.

4. DESCRIPTION OF GOODS AND SERVICES

While Relate Bracelets takes reasonable efforts to ensure that the description and pricing of goods advertised on this website are as accurate as possible, it does not warrant that such information is accurate, complete, and error-free. Relate Bracelets cannot guarantee the exact colour or availability of particular bead colours, tone, type and style. If goods ordered are not as described on this website, the Client must return the goods to Relate Bracelets who shall refund the Client for the full price paid for such goods together with the costs of returning same to Relate Bracelets.

5. PRICING

5.1 Prices on this website are always quoted in South African Rand (ZAR) and inclusive of Value Added Tax (VAT).

5.2 Prices published on this website will be updated from time to time and Clients are required to check for any updates to prices of goods and/or services before any order is placed.

5.3 Relate Bracelets cannot confirm the price of any goods or services until an order is placed with it. However, Relate Bracelets will not charge a price higher than the one displayed on the website for any goods or services unless the price, as displayed, contains an inadvertent and obvious error. 

5.4 Relate Bracelets will not be bound by any errors in pricing which result from technical problems on the website or by the unlawful modification of data on the website by unauthorized persons. 

5.5 Where Relate Bracelets advertises or promotes any goods or services offered at reduced prices, the price published on the website after the advert or promotion has been published or announced will be the price of the goods already reduced as advertised or promoted.

5.6 The costs of delivery and/or costs associated with any transaction will be displayed separately in the confirmation of the Client’s order before checkout, or will be subject to the laws of the country in which costs are levied.

6. COMMENCEMENT OF SALE AGREEMENT AND REVIEW OF TRANSACTION

6.1 An agreement of sale will only come into effect when Relate Bracelets has received payment from the Client for any order placed by the Client.

6.2 The addition of any goods or services by the Client to their shopping basket without completing the necessary checkout process on the website will not constitute a valid order.

6.3 Clients will always be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finally placing any order on the website. Should a Client, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the Client may cancel the transaction within 14 days of receiving the goods. If a transaction is cancelled as aforesaid, the Client shall return the goods and Relate Bracelets shall refund all payments made by the Client.

6.4 An order received via the website will only be processed by Relate Bracelets once payment has been authorised or received, as the case may be.

7. RESALE

The resale of any Relate bracelets is strictly prohibited unless you have signed a Reseller Agreement with Relate. Whilst Relate encourages the sale of the Relate bracelets, being a 100% non-profit organisation with a proven track record of transparency we need to ensure that the resale of any Relate bracelets is in line with our company ethos and principles. Should you wish to resell the bracelets please contact sales@relate.org.za and we will send you our Reseller Agreement for your signature.

8. PAYMENT

8.1 Payment for purchases made via the website will be made by credit card or electronic fund transfer (EFT)

8.2 In compliance with section 43(5) of the ECT Act, Relate Bracelets uses the services of PAYU to process credit card payments. PAYU is the approved payment gateway for Relate Bracelets. PAYU is Level 1 PCI Certified and uses the strictest form of encryption for all transactions. For more information on PAYU, please visit www.payu.co.za.

8.3 Relate Bracelets does not process or store Client’s credit card details.

8.4 Relate Bracelets reserves the right to request further information from a Client in order to verify any order placed or for the processing of any payment due.

9.  CLIENT'S COOLING-OFF RIGHTS IN TERMS OF SECTION 44 OF THE ACT

9.1 A Client placing an order from South Africa will be entitled to cancel, without reason and without penalty, any transaction for the supply of goods within 7 days after the date of the receipt of the goods.

9.2 The only charge that may be levied on the Client is the direct cost of returning the goods. Goods returned by the Client must be returned in the same packaging in which they were received.

9.3 If payment for the goods has already been made by the Client, they shall be entitled to a full refund of such payment within 30 days of the date of cancellation.

9.4 A Client will not be entitled to cancel a transaction in terms of clause 8.1 when the transaction is for any goods made to the Client’s specifications, or which are clearly personalised.

10. DELIVERY

10.1 Relate Bracelets shall take all reasonable efforts to ensure that goods or services ordered by Clients are delivered within a reasonable time and in good order. However, as Relate Bracelets is reliant on third parties to deliver goods and services ordered on the website to Clients, it cannot guarantee delivery times.

10.2 Delivery time estimates are calculated from the date and time when the goods leave the Relate Bracelets warehouse. Estimated delivery times are 3-6 weeks for standard bracelets and 4-8 weeks for custom-made bracelets. 

10.3 Deliveries are done on business days only. After hours deliveries are subject to an additional surcharge and may be organised by special request only (this option is not available online, the Client may phone the Relate Bracelets customer support team to organise).

10.4 Relate Bracelets will not be responsible for any loss or delays caused by delayed or non-delivery resulting from incorrect delivery information being given by the Client during the checkout process.

10.5 Delivery charges presented during the order checkout process are final. Delivery charges provided anywhere else on the website are for estimate purposes only and are subject to change at any time without notice.

10.6 In terms of section 46(1) of the ECT Act, Relate Bracelets must execute an order to South African Clients within 30 days after the date on which an order placed by a Client has been confirmed, unless an alternative delivery date has been specifically pre-arranged and agreed upon between Relate Bracelets and the Client. 

10.7 If Relate Bracelets fails to execute any order within the agreed lead times for delivery, or within such other period that has been specifically agreed to with the Client, the Client may cancel the agreement with 7 days’ written notice to Relate Bracelets, and Relate Bracelets shall refund all monies received from the Client.

10.8 Apart from any liability that may arise in terms of clause 9.7, Relate Bracelets shall not otherwise be liable for any direct or indirect loss of whatsoever nature sustained by any Client as a result of the late or non-delivery of any item ordered which is not due to any fault on the part of Relate Bracelets.

10.9 Clients must provide a valid delivery address where they can receive the delivery during working hours on Mondays to Fridays.

10.10 Relate Bracelets shall not be liable for delays or losses caused by a Client completing their incorrect contact or delivery address details when placing their order, and the Client shall be liable for any additional costs arising from re-delivery to the correct address or contact person.

10.11 Orders not yet dispatched from the Relate Bracelets warehouse may be cancelled by the Client by phoning Relate Bracelets, and will be refunded without additional cost. Cancellations done after the order has been dispatched will be subject to the Relate Bracelets Returns Policy. 

11. QUALITY STANDARDS AND SAFETY

11.1 Relate Bracelets shall take all reasonable efforts to ensure that goods sold on the website are:

11.1.1 reasonably suitable for the purposes for which they are generally intended;

11.1.2 of good quality, in good working order and free of any defects; and

11.1.3 useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply.;

11.2 If any goods sold by Relate Bracelets do not comply with any of the requirements set out in clause 10.1, the Client may, for a period of 6 (six) months after the delivery of any such goods, return the goods to Relate Bracelets, without penalty and at Relate Bracelets’ own risk and expense.

11.3 Upon the return of any goods by the Client in terms of clause 10.2, Relate Bracelets shall, at the direction of the Client, either repair or replace the defective goods, or refund the price paid by the Client for the goods.

11.4 The Relate Bracelets shall not be liable to the Client in terms of clauses 10.2 if:

11.4.1 the goods were altered by or on behalf of the Client contrary to instructions given by Relate Bracelets and/or the manufacturer of the relevant goods;

11.4.2 the goods comply with a public regulation;

11.4.3 the failure or  defect did not exist in the goods at the time they were supplied to the Client;

11.4.4 the Client did not comply fully with instructions given to him or her for the use or consumption of the relevant goods;

11.4.5 it would be unreasonable to expect Relate Bracelets to have discovered the failure or defect, having regard to its role in marketing such goods to Clients. 

11.5 Where Relate Bracelets has expressly informed Clients that particular goods advertised on the website for sale are in a specific condition and a Client has agreed to purchase the goods in that condition, or the Client has knowingly acted in a manner consistent with accepting the goods in that condition, then Relate Bracelets will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.

11.6 Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to Relate Bracelets’ Marketing Manager at info@relate.org.za

12. LIMITED OR NO STOCK

12.1 If Relate Bracelets is unable to perform in terms of the agreement on the grounds that the goods ordered are no longer available, Relate Bracelets shall immediately notify the Client via email of this fact and/or shall publish such notice on the website.

12.2 Any payments already made by the Client for goods that are no longer in stock or that cannot be delivered by Relate Bracelets will be refunded to the Client within 30 days after the date of such notification.

13. REFUND POLICY

13.1 Should a Client be eligible for a refund in accordance with these terms and conditions, the Client may elect to either:

13.1.1 receive in store credit to the value of the original order in the form of a gift voucher, or

13.1.2 receive a full refund through the payment method used by the Client for the original order. 

13.2 In the event that the Client selects to receive a refund for any order that has been cancelled, the Client will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement.

14. RETURNS POLICY

14.1 No goods may be returned by the Client without prior approval and arrangement with Relate Bracelets.

14.2 Where goods are to be returned at the Client’s own expense, the Client may elect to deliver the goods either directly to Relate Bracelets in person or through the use of a suitable courier company. Alternatively the Client may request Relate Bracelets to collect such goods from the Client at the Client’s cost. 

14.3 Unless otherwise agreed, all goods to be collected from the Client will be collected from an agreed address situated in South Africa. Such collections shall be made within 30 days of the order being cancelled. The Client will be responsible for any costs incurred resulting from an incorrect delivery or collection address being given to Relate Bracelets.

15. GOVERNING LAW

The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.

This agreement and the interpretation and enforcement thereof will be governed by the laws of the Republic of South Africa.

16. DISPUTE RESOLUTION

16.1 Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator.

16.2 The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party's requirement of speedy arbitration.

16.3 Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.

16.4 The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.

16.5 The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.

17. AMENDMENT OF THESE TERMS AND CONDITIONS

17.1 Relate Bracelets reserves the right, at any time, to amend any of the terms and conditions set out herein. 

17.2 An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.

17.3 Any amendment made to this agreement shall become binding and enforceable from the date of publication.

17.4 The Client agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and placing any order. 

17.5 If the Client objects to any amendment which is binding on them or which may become binding on them, the Client must stop accessing and using the website immediately and should not place any orders.

18. GENERAL

18.1 In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.

18.2 This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the Client and Relate Bracelets.

18.3 Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 THE CLIENT EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE OF SALE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY PLACING AN ORDER WITH RELATE BRACELETS ON THE WEBSITE AND/OR CONTINUING TO USE THIS WEBSITE, THE CLIENT EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

These terms and conditions were last updated on 20 August 2013 and this version supersedes all previous versions published on the website before this date.

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