Terms & Conditions
The www.avoova.com website (the “Website”) is controlled and operated by Cape Originals Trading Pty Ltd, a company incorporated in South Africa under company number 2013/171306/07, whose registered office is at Suite B10, Century Square, Heron Crescent, Century City, Cape Town 7441 (referred to in these Terms & Conditions as “we”, “us”, “our” or “Cape Originals “). Our VAT registration number is 4070220696. This page (together with the documents referred to on it) sets out the Terms & Conditions on which we supply the goods listed on our Website. Please read these Terms & Conditions carefully before ordering any goods from the Website. You should understand that by ordering any of our goods you agree to be bound by these Terms & Conditions. Each time you make a purchase from the Website, you will need to indicate your acceptance of these terms by clicking on the button marked “I Accept” during the checkout process. Please understand that if you refuse to accept these Terms & Conditions, you will not be able to order any goods from our Website.
2. OUR CONTACT DETAILS
If you have any questions regarding us, the Website, our goods or an order that you have placed, please contact us by: (a) emailing us at email@example.com; (b) calling us on +27 (0)21 422 1620 (Monday to Friday: 9.00am to 5.00pm or (c) by faxing us on +27 (0)21 422 1609.
3. CHANGES TO THESE TERMS AND CONDITIONS
The Terms & Conditions are subject to change at any time, and it is your responsibility to check these Terms & Conditions regularly before ordering goods in case there are any changes. Any changes will be effective immediately upon posting to the Website. Your continued access, browsing, purchasing or other use of the Website constitutes your agreement to all such Terms & Conditions.
5. YOUR STATUS
By placing your order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old; and
c) the information given on your order form is complete and accurate.
6. OUR CONTRACT
All orders are subject to acceptance by us and availability of the requested item(s). After placing an order, you will receive an email from us acknowledging that we have received your order. The email will state the item(s) you have ordered, the cost (including VAT where applicable) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted – your order constitutes an offer to us to purchase goods. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the “Dispatch Confirmation”). This email represents our legal acceptance of the order you have made to purchase the item(s) and the contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
If we confirm to you that some but not all item(s) that you have ordered have been dispatched, those item(s) that have not been dispatched will not form part of the Contract. In the event of any change, such as a change in price or expected delivery date, between the completion of your order and the sending of the Dispatch Confirmation, we shall inform you and you shall at that point have the right to either: (a) accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch); or (b) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be).
7. AVAILABILITY AND DELIVERY OF GOODS
Availability information is clearly displayed on the Website next to each individual item. If no delivery date is specified, your order will be fulfilled within 30 days after the date of Dispatch Confirmation, unless there are exceptional circumstances. If we have insufficient stock to deliver the goods you have ordered, we will be in touch with possible explanations and either a refund or an exchange offering.
8. RISK AND TITLE
The goods will be at your own risk from the time of delivery. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
9. PRICE AND PAYMENT
We aim to ensure that the pricing of goods on the Website is correct at all times. However, the Website may not always accurately reflect the correct details at the moment at which you place your order. We cannot confirm the price of an item until your order is accepted via the Dispatch Confirmation and we reserve the right to change prices without prior notice at any time prior to dispatch.
All prices include delivery costs on all orders over $100.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit/debit card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
If you order goods for delivery outside South Africa, you will be responsible for obtaining all necessary licences and complying with all applicable legislation and regulations governing the export of goods from South Africa and the importation of goods into the country of destination. You will also be responsible for the payment of all applicable import duties and taxes. Please contact your local customs office for further information before placing an order.
If you are contracting as a consumer and subject to the exceptions set out below, you may cancel a Contract at any time up until 72hours after you have received the goods. Where you cancel your Contract and subject to your compliance with these Terms & Conditions, you will receive a full refund of the price paid for the goods in accordance with our refunds policy, excluding delivery charges.
To cancel the Contract, you must inform us in writing by sending an email to [firstname.lastname@example.org] (the email must contain the order number and the fact that you wish to cancel the Contract). You must also return the good(s) to us immediately (to the returns address set out in section 12 below), in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession.
You will not have any right to cancel a Contract for the supply of goods made to your specification or which by their by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Faulty item(s) – You have the right to return faulty items within 72hours after delivery. If you wish to return an item because you think it is faulty you must inform us in writing by sending an email to email@example.com (the email must contain the order number and the fact that you wish to return an item because you think it is faulty with an explanation as to why and a photograph). You must also return the item to the returns address set out below. Please note that we reserve the right to send back any items to you that have been returned to us after 30 days unless it is faulty.
Incorrect item(s) – If you receive any incorrect items please notify us immediately by sending an email to firstname.lastname@example.org (the email must contain the order number and the fact that you wish to return an item because it has been delivered incorrectly). You must also return the item in question to the returns address set out below.
Our returns address is: AVOOVA Website, 97 Bree Street, Cape Town, 8001, Western Cape, South Africa. Your statutory rights as a consumer are not affected.
When you return goods to us because you have cancelled the Contract within the seven working day cooling-off period (see section 11 above), we will process the refund due to you as soon as possible and, in any case, within 30 days after the day you have given notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the goods to you. However, you will be responsible for the cost of returning the goods to us.
When you return goods to us for any other reason (for instance, because you claim that the goods are faulty or because you have been sent an incorrect item), we will examine the returned goods and, where applicable, will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days after the day we confirmed to you via email that you were entitled to a refund for the defective/incorrect goods. Any goods returned by you because they are incorrect or because of a defect will be refunded in full, including a refund of the cost incurred by you in returning the goods to us (provided that you enclose a receipt with the goods showing the return delivery costs).
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
14. SECURE SHOPPING
We place great importance on maintaining the security of the information that you provide via the Website and for this reason we use advanced internet security systems to safeguard your information. In addition, the Website is protected by a SSL Certificate ensuring that all information you provide via the Website, including your credit/debit card number, name and address, is encrypted and converted into code before it is transmitted over the internet. Therefore, in the extremely unlikely event that this information should be intercepted, it would be encrypted and difficult to decipher.
15. ACCESS TO AND USE OF THE WEBSITE
We are the owner or the licensee of all intellectual property rights in the Website, the material on the Website (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, item details and/or software published or otherwise made available on the Website from time to time) and the trademarks displayed on the Website.
Subject to these Terms & Conditions, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use the Website for your personal and non-commercial use only. Where specified on the relevant part of the Website, the license granted in these Terms & Conditions may be limited to a particular period of time and/or may be subject to additional Terms & Conditions.
Except as set out in the limited licence above (or as required under any applicable law), no part of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensor.
16. ACCEPTABLE USE OF THE WEBSITE
While accessing, browsing and/or using the Website you must:
(a) comply with all applicable laws, regulations and codes of practice;
(b) not impersonate another person or use a false name or email address;
(c) not collect or store personal information regarding other users (unless expressly authorised to do so);
(d) not solicit funds, advertisers or sponsors;
(e) not deep-link to and/or frame or use framing techniques to enclose the Website, or any part of the Website, without our prior written consent;
(f) not modify, or attempt to modify, all or any part of the content on the Website;
(g) not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any third party server, computer or database connected to the Website;
(h) not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):
(i) is untrue, fraudulent, inaccurate or incomplete; and/or
(ii) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
(iv) which contains any virus or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third party computer system.
Neither we nor any of our data providers or affiliates give any warranty or guarantee: (a) relating to the availability of the Website; (b) that the Website and/or our operation of it, the content or the server that makes the Website available, are error or virus free or free of other harmful components; or (c) that your use of the Website will be uninterrupted.
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our Website.
18. LIMITATION OF LIABILITY
We will only be responsible for any losses you suffer as a result of us breaching these Terms & Conditions and/or any Contract if the losses were reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.
Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.
19. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events or circumstances outside our reasonable control.
If the whole or any part of any provision of these Terms & Conditions is or becomes invalid, void or unenforceable for any reason, the same shall, to the extent required, be severed from these Terms & Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms & Conditions and shall in no way affect the validity or enforceability of any other provisions.
These Terms & Conditions supersede all prior agreements, arrangements and understandings between you and us concerning the Website and/or any Contract and constitutes the entire agreement between you and us in respect of the access, browsing and use of the Website as well as the purchase of items made via the Website.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or been implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms & Conditions.
No waiver by us of any breach of these Terms & Conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, your use of the Website and/or any Contract shall be governed by and construed in accordance with South African law, and the South African courts shall have non-exclusive jurisdiction over any dispute which may arise.