African Ostrix Website General Terms and Conditions
1. General
1.1 For purposes of these General Terms and Conditions and elsewhere on www.africanostrix.co.za (the “Website”), “African Ostrix” means Lunispex Pty Ltd, Reg nr: 2021/542300/07. African Ostrix’s head office is located at 34 Anemone Street, Langebaan, 7357, South Africa; email address: [email protected]
2. Application
2.1 These General Terms and Conditions govern the ordering, sale and delivery of all products by African Ostrix, and the use of the Website and will apply to any and all agreements and legal relationships pursuant to which African Ostrix acts as supplier of products.
3. Product specifications and quality; pricing; typographical errors
3.1 All African Ostrix products are handmade by local South African artisans from locally sourced and farmed ostrich leather, thus every product is a uniquely South African creation. Ostrich leather is renowned for its durability and its distinctive quill pattern. Ostrich leather is tanned in different finishes, with the industry standard for exotic products being a Saddle Finish.
3.2 Ostrich skins differ in shape, size, natural marking and the distribution of the quills which give ostrich leather its unique pattern and look and feel. As a result, each product is unique and exclusive. We select tanned skins based on quality grading, size and colour but due to the uniqueness of this natural product there may be slight colour, quill distribution and size variations in our products.
3.3 African Ostrix will not be required to execute an order or compensate a buyer for any loss if African Ostrix made an error when presenting the item, formulating its characteristics or stating its price, and
- i) it should have been clear to the buyer that such involved a printing error; or
ii) if any reasonable buyer would not, under the circumstances, have relied on African Ostrix delivering quoted item, with stated characteristics, at such price.
4. Prices
4.1 Products sold by African Ostrix are billed in Rands and include VAT where applicable. Products sold for direct export are not subject to VAT as such exports attract a zero VAT rate.
6. Costs of Delivering the Items
6.1 All orders for R2 000.00 (two thousand Rand) or more placed on the Website are delivered free of charge, regardless of the delivery address.
6.2 Delivery costs for orders less than R2 000.00 (two thousand Rand) will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
7.1 African Ostrix shall use its best endeavours to supply the items ordered from stock on hand, provided that African Ostrix has such items in stock, to the delivery address within 3 (three) working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When ordering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 (thirty) days, the buyer will be entitled to cancel the order at no charge.
7.3 Where products are not in stock and are ordered to be manufactured, the lead time for manufacturing is 4 (four) to 6 (six) weeks depending on the availability of materials. African Ostrix will confirm the lead time for manufacturing of any order within 3 (three) working days. Customised products can also be ordered upon special request.
7.3 African Ostrix shall arrange delivery by courier, at African Ostrix’s sole discretion. Note that a signature will be required for receipt of all deliveries.
7.4 All products are shipped on a DDU (Delivery Duty Unpaid) basis. Where applicable the customer is responsible for payment of all customs duties and taxes charged upon importation. All goods are insured against theft and damage in transit until the package has reached the specified delivery address. African Ostrix shall supply the necessary documentation for customs clearance together with all shipments of products.
7.5 African Ostrix may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by African Ostrix.
8. Stock Availability
8.1 Placing products in a shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available. You cannot hold African Ostrix liable if such products are not available when you complete or attempt to complete the purchase cycle at a later stage.
8.2 You acknowledge that stock of all products on offer is limited. In the case of products for sale by African Ostrix, African Ostrix will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock.
8.3 When products are no longer available after placing an order, African Ostrix will notify you and you will be entitled to a refund of the amount paid by you for such products.
9. Payment
9.1 Payment is accepted via credit card (Visa or Mastercard) and Instant EFT (Electronic Funds Transfer). Online credit card transactions will be processed for African Ostrix via PayFast (Proprietary) Limited (“PayFast”) secure site. PayFast is PCI DSS level 1 compliant. PCI DSS stands for Payment Card Industry Data Security Standard and is a PASA (Payment Association of South Africa) regulation in South Africa. PayFast’s website can be viewed at www.payfast.co.za .
9.2 No credit card details are stored on the website. Customer details will be stored by African Ostrix separately from card details which are entered by the client on PayFast’s secure site. African Ostrix takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if African Ostrix is not satisfied with its legitimacy.
10. Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wish list without completing the purchase cycle, does not constitute an agreement of sale between African Ostrix and the purchaser does not constitute an order for such an item. Users cannot hold African Ostrix liable if such items are not available when the purchase cycle is completed; and African Ostrix may remove such an item from the shopping basket if no stock is available.
10.2 An agreement of sale between African Ostrix and a user only comes into effect if and when a credit card authorisation is received from the issuing bank or payment is received where payment is made by EFT.
10.3 African Ostrix reserves the right to refuse to accept and/or execute any order without giving any reasons. African Ostrix also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event African Ostrix shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
11.1 African Ostrix shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.
11.2 Products may not be returned unless the incorrect product has been supplied or the product is damaged or defective upon delivery. In such an instance African Ostrix will exchange the product on condition that:
(i) the product is returned in its original condition including packaging, documentation, and accessories, and
(ii) the customer returns the product within 7 (seven) days of receipt and confirms same by sending a written notice to [email protected] (within abovementioned seven day period),
(iii) We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair/replace the product as soon as possible (if such repair/replacement is possible) or credit your account with the purchase price of the product.
Standard Warranty Policy
African Ostrix provides a 6 (six) months warranty from the date of delivery on all products sold on the Website against poor workmanship and quality defects. If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 (six) months after delivery of the product and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair/replace the product (if such repair/replacement is possible) or credit your account with the purchase price of the product.
12. Applicable Law
12.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
14. Privacy Policy
14.1 We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
14.2 Customers may provide us with personal information from time to time which includes but is not limited to
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number; and
- your date of birth.
14.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
14.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
14.5 Subject to the terms below, we will not, without your express consent use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of products;
- to contact you regarding current or new products or services or any other products offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
disclose your personal information to any third party other than as set out below:
- to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of products or when delivering products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); and
- to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any products you have purchased which requires their involvement.
14.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
14.7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
14.8 We will –
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
- upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
- not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
14.9 African Ostrix undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, African Ostrix reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
14.10 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
14.11 If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than African Ostrix, African Ostrix shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
14.12 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause.
15. Changes To Agreement
15.1 African Ostrix may, at its sole discretion, change this agreement or any part thereof at any time without notice.
15.2 It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
15.3 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
16. Intellectual Property Rights
16.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to African Ostrix and as such are protected from infringement by local and international legislation and treaties.
16.2 You will not acquire any right, title or interest in or to the Website or the Website content.
16.3 Any use, distribution or reproduction of the Website content is prohibited unless expressly authorised by African Ostrix in writing or otherwise provided for in law.
17. Domicilium
17.1 African Ostrix chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 34 Anemone Street, Langebaan, 7357, South Africa.
18. Linked third party websites
18.1 This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and African Ostrix is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
18.2 Notwithstanding the fact that the Website may refer to or provide links to Third-Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
