Terms & Conditions
OVERVIEW
This website is owned and operated by Eunice Botes Ceramics. Throughout the site, the terms “we”, “us” and “our” refer to Eunice Botes Ceramics Online . Eunice Botes Ceramics Online offers this website, including all information and items available from this site to you, the user, on the condition that you accept all terms, conditions, policies on our website. “You” will refer to the user/vendor/customer/merchant browsing this website.
By visiting our website and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Sale”), including the other terms and conditions and policies we refer to in these Terms of Sales and/or available by hyperlink. These Terms of Sale apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Sale carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Sale. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. These Terms of Sale are only an offer made by us to you. You need to accept the offer to affect a purchase.
Any new features or tools, which are added to, the current store shall also be subject to the Terms of Sale. You can review the most current version of the Terms of Sales at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes. If you continue using or accessing the website after changes were posted, you thereby will indicate that you accept the changes.
We make use of the OpenCart (https://www.opencart.com) e-commerce application to enable us to sell our products from our website.
ONLINE STORE TERMS
By agreeing to these Terms of Sale, you give out that you are at least 18 years old or that you have the consent of your parent or guardian to this site.
You may not use our products for any illegal or unauthorised purpose nor may you, contravene any laws such as copyright laws.
You may not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Sale will result in an immediate termination of these Terms of Sale.
GENERAL CONDITIONS
We reserve the right to refuse sales to anyone for any reason at any time for any lawful reason.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products or our website, including images, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect this agreement.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
CHANGES TO PRODUCTS AND PRICES
We may change the product range, colours and designs of our products at any time. The prices for our products can also be changed without notice.
We reserve the right at any time to change or discontinue any product or range of products without notice at any time.
Some of our products may only be available online through the website. These products may have limited quantities or may have to be made to order and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obliged, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on Eunice Botes Online. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials/services from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or is not compatible with the style, moral points of view or culture of our website and business or violates any party’s intellectual property or these Terms of Sale.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We will not be obliged to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
CONSUMER PROTECTION ACT/ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
The sale of products is, where applicable, subject to the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.
You will therefore have the right to inspect and examine our products before you buy the products. If you want to inspect any product beforehand, please contact us at orders@eunicebotes.co.za to make an appointment.
We do our best to provide full and comprehensive information about our products on our website. Should you need any further information please contact us at orders@eunicebotes.co.za
For return of products, please refer to our returns policy
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your own risk. The products delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and title.
In no case shall Eunice Botes Ceramics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation the loss of profits, lost revenue, lost savings, loss of information, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the website or any of our products you purchased through this, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
INDEMNIFICATION
You agree to indemnify and hold harmless Eunice Botes Online and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any and all claims, including reasonable attorneys’ fees, made by any third-party due to, or arising out of your breach of these Terms of Sale or the documents they incorporate by reference, or your contravention of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such the rest of the Terms of sale shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be regarded to be severed from these Terms of Sale.
TERMINATION
Any obligations and liabilities that any of us have incurred before this agreement is cancelled or terminated, shall survive the termination of this agreement for all purposes.
These Terms of Sale are in force unless and until terminated by either you or us. You may terminate these Terms of Sale at any time by notifying us that you no longer wish to use our website, or when you cease using our site.
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Sale, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
These Terms of Sale together with the other policies, rules and agreements on this website will be the entire agreement between us. If we fail exercise or enforce any right or part of these Terms of Sale, it shall not waiver any of our rights. Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party that drafted these Terms of Sale.
GOVERNING LAW
These Terms of Sale and any separate agreements whereby we provide you our products shall be governed by and construed in accordance with the laws of South Africa.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Sale will be regarded as acceptance of those changes.