TERMS AND CONDITIONS
These Terms are binding on all persons who access the Website without qualification or exception. By entering the Website or ordering products from Kief Kreatief, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website.
2.1. The headings to the clauses of these Terms are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms nor any clause hereof.
2.2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
2.2.1. “Business Day” shall mean any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.2.2. “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets;
2.2.3. “Parties” shall mean the User and Kief Kreatief and “Party” shall, as the context requires, be a reference to any one of them;
2.2.4. “Personal Information” shall mean information which identifies a User to third parties;
2.2.5. “Kief Kreatief (Registration No. 2007/137446/23)” shall mean Kief Kreatief CC, a close corporation incorporated in accordance with the laws of the Republic of South Africa
2.2.6. “Terms” shall mean these terms and conditions;
2.2.7. “Use” shall mean value added tax imposed in terms of the Value Added Tax Act, No. 89 of 1991 (as amended), including any similar tax which may be imposed in place thereof from time to time; and
2.2.9. “Website” shall mean the website located at http://www.Kief Kreatief.co.za/ and includes any part or element thereof.r” shall mean the user of the Website in terms of these Terms;
2.3. Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes:
2.3.1. any one gender includes the other genders;
2.3.2. a natural person includes an artificial person and vice versa; and
2.3.3. the singular includes the plural and vice versa.
2.4. Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause.
2.5. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2.6. These Terms shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
2.7. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
3. DISCLOSURE OF INFORMATION
3.2. Full name and legal status: Kief Kreatief CC is a close corporation with limited liability duly incorporated under the laws of the Republic of South Africa;
3.3. Physical address:
658 Frederika street,
3.4. Postal address:
658 Frederika street,
3.5. Telephone number: 012 331 3022
3.6. Website address: https://www.kiefkreatief.co.za/
3.7. E-mail address: email@example.com
3.8. Physical address where Kief Kreatief will receive legal service of documents: Physical address as per clause 3.3. above;
3.9. Registration number: 1996/053493
3.10. VAT number: 4590177863
3.11. Place of registration: Republic of South Africa
3.12. Registration date: 1996
3.13. Names of office bearers: Helene Bisschoff
3.14. Main description of Products sold: Craft Products
4. PLACING AN ORDER
4.1. Only persons aged 18 years and over, who are legally entitled to do so are permitted to place orders on the Website.
4.2. By placing an order, the User represents and warrants that:
4.2.1. he is legally capable of entering into binding contracts;
4.2.2. he is at least 18 years of age; and
4.2.3. he agrees to be bound by these Terms.
4.2.4. By doing so, the User accepts that Kief Kreatief will rely on his representation that he has unfettered legal capacity to contract and that he is over 18 years of age.
4.3. Before proceeding to finalize any order the User will be given an opportunity to review and, if required, correct the contents of his order as well as any information or addresses provided. Upon finalizing this process, notification thereof will be sent to Kief Kreatief and the User’s order will only be deemed to be accepted once Kief Kreatief has processed such order and sent the User a confirmatory email.
4.4. Subject to clause 1.23 above, the products and prices stated on the Website are only valid while stocks last.
4.5. Kief Kreatief will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.
4.6. The products described or graphically represented on the Website may differ in color, shape, form, design, contents and appearance from the final product delivered.
5.1. Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company or the South African Post Office, as may be specified by Kief Kreatief, to the address provided during the order process. The User may also collect the order from Kief Kreatief’ address specified in clause 3.1 above.
5.2. Although every effort will be made to ensure that delivery takes place within the time period specified in clause 5.1, the size and quantity of an order as well as the distance between Kief Kreatief and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Kief Kreatief’ invoice.
5.3. The initial shipping costs quoted to the User when an order is placed are only estimated costs. Kief Kreatief shall subsequently contact the User and provide the User with a quotation for the actual costs. Kief Kreatief will not ship an order unless the User has approved the actual costs. If the User does not approve the actual costs, the order will be cancelled and Kief Kreatief will refund the User the price paid for the goods concerned.
5.4. The User acknowledges that Kief Kreatief shall rely on the accuracy of the delivery address as provided by the User. Kief Kreatief does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. Kief Kreatief shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.
5.5. Risk in respect of ordered products will pass to the User once they have been collected from Kief Kreatief’ premises by the relevant courier, the South African Post Office or the User, as the case may be. Ownership in such ordered products will, however, remain reserved until the full purchase price and all outstanding sums (including VAT and any and all applicable delivery charges, costs, fees and the like) due by the User have been paid to and received by Kief Kreatief.
5.6. Although the risk in respect of order products will pass to the User in terms of the provisions of clause 5.3, Kief Kreatief will, as a courtesy to the User, insure ordered products up to a value of R1000.00 (one thousand rand). If the User wishes to insure the ordered products for an amount that exceeds R1000.00 (one thousand rand), the User shall inform Kief Kreatief of this in writing and the User shall be liable for any costs and premiums in respect of the increased insurance.
5.7. The User furthermore acknowledges and agrees that he has read and understood the requirements set out in this clause 4.6 and in clause 3.4 before placing an order using the Website.
5.8. If products are indicated as “pre-order” on the Website, Kief Kreatief will only order such product for the User once it has received full payment from the User in respect of such product.
6. CANCELLATION AND RETURNS
6.1. The User is entitled to cancel an order within 7 (seven) Business Days after receiving delivery thereof, provided that the product is unopened, in its original condition and any and all seals, packaging, labels, shrink-wrap and/or boxing remains intact.
6.2. Any product returned must be accompanied with the User’s proof of payment in respect of such product. The product must be returned via courier (not via post office courier or service) to Kief Kreatief’ physical address specified in clause 3.3.1 above. No returns will be accepted sent via Post Office as damage and/or losses can easily occur.
6.3. If a product is returned in terms of clause 5.7 to the address stipulated in clause 3.3.1 Kief Kreatief will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges.
6.4. No provision stated in these Terms regarding Kief Kreatief’ cancellation and returns policy will affect or be interpreted to deny the User any of his unalterable statutory rights.
6.5. If a User has cancelled an order, and the User wishes to revive such order, the User needs to place a new order for the products concerned. Placing of the order, and the User wishes to
7.1. The price of any product will be the price quoted on the Website in respect of any particular product. All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by Kief Kreatief in the accordance with the provisions of clause 4.3.
7.2. All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of VAT and any other applicable taxes, but will exclude delivery charges.
7.3. Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be given an opportunity to review and, if necessary, edit the products to be purchased, the listed quantities of such products and/or the relevant delivery charges, fees and related costs before proceeding to finalize his order.
7.4. Under no circumstances will Kief Kreatief be held liable to provide a product which is out of stock or at an outdated or expired price.
7.5. Price changes shall not affect a User who has already received a confirmatory email from Kief Kreatief pursuant to his order.
7.6. All errors and omissions are accepted.
7.7. Prices displayed for products on the Website only apply to products sold through the Website. Prices displayed on the Website do not apply to products sold in Kief Kreatief’ physical stores.
7.8. Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced:
7.8.1. where the incorrect price is lower than the correct price, Kief Kreatief will not be bound to sell the product concerned at such a price and a representative of Kief Kreatief will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund; and
7.8.2. if the incorrect price is higher than the correct price, a representative from Kief Kreatief will advise the User of the lower price in the confirmatory e-mail but will proceed to process and confirm such order.
8.1. Payments may be made by credit card or via Electronic Fund Transfer (“EFT”) into the bank account of Kief Kreatief and the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected in the confirmatory e-mail) using one of these methods. Kief Kreatief will not accept any payment by cheque.
8.2. Notwithstanding any other clause contained in these Terms, Kief Kreatief shall have no duty to deliver any product until full payment has been received as follows:
8.2.1. where payment is being made by credit card transaction, such payment needs to have been cleared by the relevant bank and credited to Kief Kreatief’ bank account; and
8.2.2. where payment is being made by EFT, such payment needs to have been credited to Kief Kreatief’ bank account.
8.2.3. where payment by credit card is not processed by the relevant bank and credited to Kief Kreatief’ bank account within 48 (forty eight) hours; or by EFT is not credited to Kief Kreatief’ bank account within 48 (forty eight) hours of the time of placement of such order, the User’s order will be cancelled immediately, and Kief Kreatief shall send a notification of such cancellation to the User via email to the address provided by the User when the User registered on the Website.
9.1. Kief Kreatief warrants that any product purchased on the Website is:
9.1.1. of satisfactory quality;
9.1.2. reasonably fit for the purposes for which products of its kind are intended and marketed; and
9.1.3. will be usable and durable for the period specified in any warranty information supplied with the product.
10.1. The User makes use of this Website at his own risk.
10.2. The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Kief Kreatief makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
10.3. The liability of Kief Kreatief for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
10.4. Notwithstanding anything to the contrary contained in these Terms, Kief Kreatief shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
10.5. The User hereby indemnifies Kief Kreatief and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
10.6. The User assumes all responsibility and risk for the use of the Website and Kief Kreatief disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not Kief Kreatief has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
10.7. Kief Kreatief will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Kief Kreatief.
10.8. These Terms do not intend to, nor shall they be interpreted to, limit the liability of Kief Kreatief in any way which would be illegal for Kief Kreatief to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
11. WEBSITE USE
11.1. The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of Kief Kreatief. The User may download and print 1 (one) copy of the Website’s contents for personal, non-commercial and information purposes only.
11.2. Kief Kreatief reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
11.3. Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Kief Kreatief unless otherwise stated.
11.4. No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
11.5. Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User cedes and assigns all rights in such material to Kief Kreatief. Kief Kreatief shall be free to copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. The User waives any moral rights that it may have in such material.
11.6. The Website may contain links to other websites. Kief Kreatief has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
11.7. The User may link to this Website, provided that the User will only provide a link to this Website’s homepage and will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11.8
11.8. Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Kief Kreatief does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
11.9. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Kief Kreatief shall be entitled to assume that such use and all related communications emanate from the User. Kief Kreatief shall not be liable for any loss or damage arising from unauthorized use of the User’s identification information.
11.10. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Kief Kreatief with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Kief Kreatief may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
11.11. If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorized manner, Kief Kreatief shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Kief Kreatief’ part and without prejudice to Kief Kreatief’ rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in clause 12.7
11.12. By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is:
11.12.2. usable; and
11.12.3. will not cause injury, defame any person or breach any clause of these Terms or any law.
11.13 Kief Kreatief is hereby indemnified from and against any and all loss by any person, which results from a breach of these representations or warranties.
12.1. Kief Kreatief may from time to time process information about the User. However, Kief Kreatief is committed to protecting Users’ privacy and Personal Information and confirms that it will not use such information for any purpose other than for which it is provided to Kief Kreatief nor provide such information to any third party without the User’s prior consent. In turn, the User acknowledges that by using the Website and placing any orders, the User consents to any processing or storage of such information and warrants that any and all data provided is up-to-date and accurate.
13.1. Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies Kief Kreatief from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
14. PROPRIETARY RIGHTS
14.1. The Website is owned by Kief Kreatief and the User acknowledges that Kief Kreatief and/or its licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
14.2. The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
14.3. The User undertakes:
14.3.1. not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
14.3.2. not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Kief Kreatief’ rights, title and interest in and to the Intellectual Property; and
14.3.3. not in any way to make unauthorized use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
14.4. Without limiting the generality of the provisions of clause 1.79, the User undertakes not to make any unauthorized use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
14.5. Kief Kreatief’ graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Kief Kreatief. Kief Kreatief’ Trade Marks and trade dress may not be used in connection with any product or service that is not conducted by Kief Kreatief or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kief Kreatief. The User may not use any of the Intellectual Property without Kief Kreatief’ prior written consent. All other trade marks not owned by Kief Kreatief that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trademarks without prior written consent from the relevant owners.
15. MALICIOUS SOFTWARE AND OFFENSES
15.1. The User warrants that:
15.1.1. he will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
15.1.2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Kief Kreatief’ system which may cause any form of technological harm or any other form of harm in any manner or respect;
15.1.3. he will not attempt to gain unauthorized access to the Website, including through the theft of any third party’s username and password; and
15.1.4. he will not attempt to gain unauthorized access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
15.2. Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Kief Kreatief will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
15.3. Although Kief Kreatief and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Kief Kreatief does not warrant that the Website is free of malicious content or viruses and Kief Kreatief will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 1.82.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
15.4.The User warrants that he will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
16.1. Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domiciliumcitandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
16.1.1. Kief Kreatief: As per clause 3.3.1
16.1.2. The User: As per the address supplied when the User registered as a user of the Website.
16.2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, telefax number or e mail address in accordance with the provisions of clause 23.1.provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
16.3. Any Party may by written notice to the other Parties, change its chosen address, telefax number or e-mail address to another address, telefax number or e-mail address, provided that:
16.4. the change shall become effective on the 10th (tenth) Business Day after the receipt or deemed receipt of the notice by the addressee in accordance with the provisions of clause 1.89, and
16.5. any change in a Party’s Domicilium shall only be to an address in South Africa, which is not a post office box or a poste restante.
16.6. Any notice to a Party contained in a correctly addressed envelope andsent by prepaid registered post to it at its chosen address in terms of clause 16.1; ordelivered by hand to a responsible person during ordinary business hours at its chosen address in terms of clause 16.1; shall be deemed to have been received in the case of clause 16.1 on the fifth Business Day after posting (unless the contrary is proved) and, in the case of clause 16.7.on the day of delivery.
16.7. Any notice by telefax or e-mail to a Party at its telefax number or e-mail address shall be deemed, unless the contrary is proved, to have been received on the first Business Day after the date of transmission.
16.8. Notwithstanding anything to the contrary contained in this clause 16.8.a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address, telefax number or e-mail address in terms of clause 16.1.
17.1. If at any time there is a failure by Kief Kreatief to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condo nation of any other or further defaults.
17.3. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.