TERMS AND CONDITIONS
1. INTRODUCTION
1.1 The Iwori website located at www.iworibeauty.com (the “Website”) is owned and operated by Canway Proprietary Limited Registration Number: 1995/01650/07 (“Canway”, “we”, “us” or “our”).
1.2 These terms and conditions (the “Terms”) are binding on any person who accesses or uses the Website and/or purchases products at the Iwori online store (the “User”). By entering the Website and/or ordering products through the Website, 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 conduct any transaction on the Website.
1.3 The Website enables a User to shop online for a range of beauty products from the Iwori and have them delivered door-to-door within the Republic of South Africa.
2. PLACING AN ORDER
2.1 Canway will not deliver goods to addresses outside South Africa.
2.2 By placing an order, the User represents and warrants that:
2.2.1 the User is at least 18 years of age and legally capable of entering into binding contracts or, if the User is below the age of 18 years, the User warrants that he or she has relevant parental consent to act; and
2.2.2 the User agrees to be bound by these Terms.
The User accepts that Canway will rely on the User’s representation that the User has unfettered legal capacity to contract and that the User is over 18 years of age.
2.3 Before proceeding to finalise an order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided.
2.4 The products and prices displayed on the Website are only valid while stocks last and subject to availability. The User acknowledges that stock of all products of the Website is limited. Canway will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website.
2.5 Canway 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. If the User orders a product on the Website and that product is no longer available after payment, Canway will notify the User and the User will be entitled to a refund of any amount already paid for such products.
2.6 The images of the products on the Website are for illustrative purposes only. The products described or graphically represented on the Website may differ in colour, shape, form, design and appearance from the final product delivered.
2.7 The User shall use the products purchased from Canway only for the User’s own personal use or in order to give such products as a gift to another person for that other person’s own personal use. The User shall not resell such products. The User shall not market, sell, distribute, seek customers, advertise or in any other way deal in or with the goods purchased from Canway as a manufacturer or on a wholesale or retail basis.
3. DELIVERY
3.1 Orders will only be shipped once Canway has received payment of the full purchase price for the goods and all charges and costs relating to the products.
3.2 Canway offers free delivery on orders that exceed the minimum purchase price limit published on the Website from time to time. In respect of orders that are less than such limit, the User will pay a delivery fee. The delivery fee is dependent on the User’s delivery address and will be displayed during checkout.
3.3 Every reasonable effort is taken to ensure that the delivery costs displayed on the Website are correct at the time of purchase. However, if a delivery fee is incorrectly displayed, Canway will not be obliged to deliver products at an incorrect delivery fee. Canway shall only be liable to return payment already made by the User in the case they choose to cancel the sale once they have been made aware of the correct delivery fee.
3.4 Canway will not deliver any products to postal addresses (such as Post Office box addresses). The address nominated by the User for delivery is required to be a physical address.
3.5 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 specified by Canway, to the address provided by the User during the order process.
3.6 In order to receive delivery of an order, the User must ensure that someone will be available at the delivery address between 8:00 and 17:00 on Business Days. (A Business Day is any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.) For this reason, Canway recommends using a business address for delivery. If no one is available at the nominated delivery address to accept delivery of an order, the courier will retain the products and inform the User of the attempted delivery. The courier service will subsequently arrange a suitable date and time for delivery. The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User, or if the courier returns the products to Canway as a result thereof.
3.7 The User acknowledges that Canway shall rely on the accuracy of the delivery address as provided by the User. Canway 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. Canway 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.
3.8 The User will be required to provide a valid form of identification when their order is delivered.
3.9 Canway will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between Canway 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 Canway’s invoice.
3.10 Ownership of products ordered will pass to the User upon Canway receiving full payment for such products. Risk in respect of ordered products will pass to the User once they have been delivered to the User. If products are lost or damaged in transit, Canway will replace lost or damaged products in its’ sole discretion.
4. CANCELLATION AND RETURNS
4.1 The User may cancel an order at any time, provided that they do so before the order is dispatched for delivery by Canway. After delivery of the products from the Canway to the User, such products may only be returned in accordance with the provisions of this clause 4.
4.2 The User is responsible for inspecting ordered products upon delivery. If, upon delivery, it appears that a product has been opened and/or is clearly damaged, the User must bring this to the attention of Canway by sending an email to the relevant address specified on the Website and include the order details in such email. Upon inspection and subject to Canway’s sole discretion, Canway may replace the product should the User request same.
4.3 The User is entitled to return an order within 7 days after receiving delivery thereof, provided that the product is in its original condition, unopened and any and all labels remain intact.
4.4 If a product is returned in terms with these Terms, Canway 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. The User will be responsible for the costs of returning the products to Canway. The risk of loss of or damage to the products will remain with the User until they products have been received by Canway.
4.5 Where the User has paid by credit card, the refund will be processed to the credit card used for the purchase.
4.6 The User should expect to receive their refund within 30 days of giving the package to the return shipper. However, in many cases the User may receive a refund more quickly. This time period includes the transit time for Canway to receive the return from the shipper, the time it takes Canway to process the return once received and the time it takes the User’s bank to process our refund request.
4.7 No provision stated in these Terms regarding Canway’s cancellation and returns policy will affect or be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (the “CPA”) applies, Users shall be entitled to return products that have material defects in accordance with the CPA’s provisions.
5. PRICES
5.1 The price of any product will be the price quoted on the Website in respect of any particular product. Canway reserves the right to adjust the prices of products and to correct any pricing errors that may inadvertently occur at any time and without giving the User any advance notice.
5.2 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 Canway in accordance with the provisions of clause 2. If the price for a product no longer appears on the Website, such product shall no longer be available for purchase at that price.
5.3 All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of value added tax imposed in terms of the Value Added Tax Act, 1991 (VAT) and any other applicable taxes, but will exclude delivery charges.
5.4 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 before proceeding to finalise the order.
5.5 Under no circumstances will Canway be held liable to provide a product which is out of stock or at an outdated or expired price. All errors and omissions are excepted.
5.6 Prices displayed for products on the Website apply to products sold through the Website only. Prices displayed on the Website do not apply to products sold by other retailers.
5.7 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, the following provisions will apply:
5.7.1 Where the incorrect price is lower than the correct price, Canway will not be bound to sell the product concerned at such a price and a representative of Canway 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.
5.7.2 If the incorrect price is higher than the correct price, a representative from Canway will advise the User of the lower price but will proceed to process and confirm such order. The User will receive a refund for the balance of the amount already paid for the product.
6. PAYMENT
6.1 The User can make payment for products using a credit card.
6.2 As a result of the use of a credit card Canway may require additional information in order to authorise and/or verify the validity of payment. In such cases Canway is entitled to withhold delivery until such time as the additional information is received and authorisation is obtained for the amounts. If they do not receive such authorisation, the order for the products will be cancelled. The User warrants that they are fully authorised to use the credit card supplied for purposes of paying the products and that the credit card has sufficient available funds to cover all the costs incurred as a result of the transaction on the Website.
6.3 When making payment, the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected).
6.4 Notwithstanding any other clause contained in these Terms, Canway shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has become available in Canway’s bank account.
6.5 The User’s order will be cancelled immediately where payment is not processed by the relevant bank and credited to Canway’s bank account.
7. ONLINE PAYMENTS
7.1 Canway takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. The User acknowledges that transactions that are performed over the internet may be vulnerable to interception. Canway will not be liable for any loss that the User may suffer as a result of any interception.
7.2 Online payments are processed by third party payment service providers. Canway has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, Canway shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.
7.3 By making online payments relating to the Website, Users consent to the use and retention of their card details.
7.4 Canway is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes.
8. PROMOTIONAL COUPONS
8.1 Promotional coupons may be issued electronically in Canway’s sole discretion. Users do not have a right to promotional coupons, and promotional coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. Coupons are issued for limited validity time periods. Coupons can be used to secure a discount on the Website, provided that the coupon is valid and has not expired. Coupons may entitle users to percentage based or fixed amount discount.
8.2 Some coupons may be subject to a minimum spend requirement or other conditions, as communicated in the information accompanying the coupon.
8.3 To utilise a promotional voucher and claim the applicable discount in respect thereof, a User must insert the relevant discount code into the coupon code box provided at check out.
8.4 Returns will be refunded at the actual rand value paid per item after the respective coupon is applied. The value of the coupon will be set off against the value of the shopping cart and the balance remaining, if any, will be payable to the User.
8.5 A replacement coupon will only be provided to a User once and on request by a User.
8.6 Coupons are not valid on any discounted items and coupons may not be used in conjunction with any other offers on the Website.
8.7 Coupons cannot be exchanged for cash and the full value must be utilised by a User.
8.8 Promotional Coupons are only redeemable on the Website and thus cannot be used or redeemed at any other retailer.
9. PRODUCT WARRANTIES AND LIABILITY
9.1 Canway makes no warranties or representations in respect of products sold to Users, unless the CPA applies. If the CPA does apply, the warranties are limited to those set out in the CPA and are subject to the CPA’s provisions.
9.2 To the fullest extent permitted by law, Canway shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by Canway.
9.3 To the extent permitted by law, the User indemnifies and holds Canway, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by Canway or the use of such products.
10. LIABILITIES REGARDING USE OF THE WEBSITE
10.1 The User makes use of this Website at their 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. Canway 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 To the extent permitted by law, the liability of Canway 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, Canway shall not have any 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 assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Canway and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by them 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 Canway 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 Canway.
10.7 These Terms do not intend to, nor shall they be interpreted to, limit the liability of Canway in any way which would be illegal for Canway to exclude or attempt to exclude or where such exclusion is prohibited by the CPA 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 or the proper functioning of the Website without the prior written consent of Canway.
11.2 Canway reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
11.3 The Website may contain links to other websites. Canway 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.
11.4 The User may link to this Website, provided that the User 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 12.
11.5 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 associated in linking to the Website.
11.6 Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. Canway does not warrant against nor will it be held liable for such downtime and the User indemnifies Canway against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
11.7 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, the 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 are used, Canway shall be entitled to assume that such use and all related communications emanate from the User. Canway shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
11.8 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 Canway 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. Canway may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
11.9 If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Canway 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 Canway’s part and without prejudice to Canway’s 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 11.4.
12. DISCLAIMER
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 their own risk and in their own discretion and disclaims and indemnifies Canway 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.
13. PROPRIETARY RIGHTS
13.1 The User acknowledges that Canway and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (“Intellectual Property”) associated with, related to or appearing on the Website.
13.2 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.
13.3 The User undertakes:
13.3.1 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;
13.3.2 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 the rights, title and interest in and to the Intellectual Property; and
13.3.3 not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
13.4 Without limiting the generality of the provisions of clause 13.3, the User undertakes not to make any unauthorised 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.
13.5 Canway graphics, logos, page headers, button icons, scripts and service names are the property of Canway. The User may not use any of the Intellectual Property without Canway’s prior written consent. All other trade marks not owned by Canway 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 trade marks without prior written consent from the relevant owners.
14. MALICIOUS SOFTWARE AND OFFENSES
14.1 The User warrants that:
14.1.1 the User 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;
14.1.2 no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Canway’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
14.1.3 the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
14.1.4 the User will not attempt to gain unauthorised 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.
14.2 Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Canway 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.
14.3 Although Canway and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Canway does not warrant that the Website is free of malicious content or viruses and Canway will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 14.1.2. 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.
14.4 The User warrants that they 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.
15. SUSPENSION AND DEREGISTRATION
15.1 Canway reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
15.2 In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against Canway for whatever reason.
16. PRIVACY
Canway Privacy Notice, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.
17. ADDRESSES
17.1 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 domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
Canway: As per clause 20 below;
The User: As per the address supplied when the User registered as a user of the Website.
17.2 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 in accordance with the provisions of clause 17.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
18. GENERAL
18.1 These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Website will constitute their consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa in regard to all matters arising from this Agreement. Nothing in this clause or the Terms limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
18.2 If at any time there is a failure by Canway 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 condonation of any other or further defaults.
18.3 Canway reserves the right to amend or delete any part of the Website, the related Terms and/or Privacy Notice at any time and without prior notice. The User must review the Terms on a continual basis and remain up-to-date in respect of any changes.
18.4 If the User needs to obtain a sales record of their transaction to buy products through the Canway Website, they can request same from Canway within 30 days of the transaction.
18.5 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.
19. CONTACT DETAILS
Canway can be contacted on 031 566 5424 or at info@canway.co.za.
20. DISCLOSURE OF INFORMATION
20.1 Merchant: Canway Proprietary Limited, a private company incorporated in South Africa.
20.2 Registration number: 1995/01650/07
20.3 VAT number: 4450151669
20.4 Physical address: 6 Holwood park, Canegate Road, La Lucia Ridge, Umhlanga, 4019
20.5 Postal address: PO Box 1590, Umhlanga Rocks, 4320.
20.6 Telephone number: 031 566 5424
20.7 E-mail address: info@canway.co.za
20.8 Website address: www.iworibeauty.com
COMPETITION TERMS AND CONDITIONS