WEBSITE TERMS AND CONDITIONS
Pet Heaven (Proprietary) Limited, Registration number [2010/072063/23] ("Pet Heaven") and you (the "User").
WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE
IMPORTANT NOTICE. These terms and conditions of use regulate access to and use of this website. Please note that these terms and conditions are valid, binding and enforceable against all persons that access and/or use Pet Heaven website, web pages or any part hereof. The User is automatically bound by these terms and conditions by virtue of accessing this website. OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms and conditions since they limit the User's ability to recover losses which the User may incur in connection with the use of this website. If the User is not yet 18, the User must obtain his/her parents' or legal guardians' prior authorisation, permission and consent to be bound by these terms and conditions of use prior to accessing our website, using any of the services on our web site or participating in any of the activities offered. If the User is under 18 and fails to obtain such consent, the User may not access our website, use the services or participate in the activities available via our website.
1. GENERAL. Pet Heaven is a dog food distribution company which conducts business within the Republic of South Africa . Further information regarding the business conducted by Pet Heaven is to be found on Pet Heaven's home page www.petheaven.co.za.
2. OWNERSHIP. This website, the content hereof and the online services are the property of, and all proprietary rights therein, vest in Pet Heaven, alternatively are licensed to Pet Heaven. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the website (whether registered or not), vest in Pet Heaven or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Pet Heaven. The User furthermore acknowledges that the information and documentation contained in this website is the proprietary information and copyrighted material of Pet Heaven or is licensed to Pet Heaven and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of Pet Heaven without the prior written consent of Pet Heaven. The User shall not, other than for his personal and non-commercial use (a) store on his computer, or print copies of extracts from this website; (b) mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this website, without the prior written consent of Pet Heaven.
3. NO IMPROPER USE OR UNLAWFUL CONDUCT. The User hereby agrees not to use this website and services for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User resides or conducts business; activities designed to encourage unlawful behavior by others; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable behavior; and activities designed to impersonate the identity of a third party.
4. USE OF SERVICES. The User agrees that it will only use this website, the information contained herein and the online services in respect of the specific purposes for which it is created. In using the website, information or online services, the User will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites; (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files; (c) create a false identity; (d) use or attempt to use another's account, password, service or system without authorization from Pet Heaven; (e) access or attempt to access any service or content which the User is not authorized to access; (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites; (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others; (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same; (k) advertise or offer to sell or buy any goods or services for any purpose; (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
5. LIMITATION OF LIABILITY. THE USE OF THIS WEBSITE AND ONLINE SERVICES IS AT THE USER'S OWN RISK. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL PET HEAVEN, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT PET HEAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES OR WEBSITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
6. INDEMNITY. The User hereby indemnifies and holds Pet Heaven, and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) the User's use of the website and online services; (b) the User's violation of these terms and conditions; or (c) the User's violation of any law, rule or regulation or the rights of any other person or entity.
8. LIMITED OR RESTRICTED ACCESS. Access to certain areas of this website is restricted. Pet Heaven reserves the right at its absolute and sole discretion to restrict access to any area of the website, or even the whole website. The User is responsible to maintain the confidentiality of his / her password and account information, and is responsible for all activities that occur under his / her password or account. The User agrees to immediately notify Pet Heaven of any unauthorized use of his / her password or account, or any other breach of security. Pet Heaven may disable the User's password and account at any time in its sole discretion with or without notice or explanation.
10. NO WARRANTY. Except as expressly provided otherwise in a written agreement between the User and Pet Heaven, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in its jurisdiction; this website, online services, and all materials and services offered through or in association with such features, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Pet Heaven and its suppliers make no warranty that (a) the website, online service, other services or materials will meet the User's requirements, (b) the website, online service, other services or materials will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to, (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable, (d) the quality of the website, online service, or any materials or other services will meet the User's expectations and (e) any errors in any software obtained from or used through the website, online services, and materials, or any defects in the services or materials, will be corrected, or that (f) the information provided will be accurate.
11. ACCURACY OF INFORMATION. The User understands that when using this website and online services, the User will be exposed to content from a variety of sources. The website and online services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content. If the User does so object, the User should not use this website and/or the online services. Pet Heaven may make changes to the website, online services, other services, information and materials at any time without notice. The information, services and materials may be out of date, and Pet Heaven gives no undertaking of any manner whatsoever to update such information, services or materials. Any information contained on our website is intended for general information purposes only, and is not meant to be an endorsement or representation by Pet Heaven or any other party, and should in no way be construed as professional advice. The User should refrain from making any business decisions on the basis of this information without consulting Pet Heaven or another business providing the same/similar services to Pet Heaven for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User's own risk.
12. MODIFICATION. Pet Heaven reserves the right, in its sole discretion, to: (a) change these terms and conditions without notice to the User; (b) change the content and/orservices available on or through the website; (c) discontinue any aspect of the website or service(s) available from the website; and/or (d) delete the website. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User's continued use of the website and online services constitutes the User's agreement to the then current terms and conditions.
13. DISPUTES REGARDING THE CONTENT OF THE WEBSITE In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining the website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these terms and conditions.
15. GOVERNING LAW AND JURISDICTION. These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.
GENERAL TERMS AND CONDITIONS OF SALE
The Company and the Customer
1. IN THESE TERMS AND CONDITIONS:
1.1 "the/this Agreement" means these General Terms and Conditions of Sale, incorporating, amongst other things, all quotes, Orders, Order Confirmations and Delivery Notes, and any terms and conditions applicable to any promotional offers of the Company, from time to time;
1.2 "Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa."
1.3 "CPA" means the Consumer Protection Act No. 68 of 2008;
1.4 "Company" means Pet Heaven (Proprietary) Limited, a private company, registered in accordance with the Laws of the Republic of South Africa under registration number 2010/072063/23-;
1.5 "Customer" means any person who purchases or offers to purchase the Goods from the Company, for ultimate consumption by a Recipient Pet;
1.6 "Defective" in relation to any Goods means:
1.6.1 that such Goods are unsafe (as this term is defined in the CPA);
1.6.2 that there is a Goods failure, defect or hazard in any such Goods (as these terms are defined in the CPA); or
1.6.3 inadequate instructions or warnings have been provided to the Customer pertaining to any hazard arising from or associated with the use of such Goods;
1.7 "Delivery" means the delivery of the Goods by the Company to the Customer pursuant to the provisions of clause 4;
1.8 "Delivery Dates" means the dates on which the Customer requires the delivery of Goods from the Company, and in the absence of any instruction to the contrary, Delivery will be made within 3 (three) Business Days of the date on which the Order is made;
1.9 "Delivery Note" means the delivery note or any other confirmation of Delivery, signed by the Customer upon Delivery of the Goods;
1.10 "Delivery Place" means the place for Delivery of the Goods, which place shall be the place specified in the Order;
1.11 "Goods" means any goods supplied by the Company to the Customer in terms of this Agreement and indicated on any of the Company's forms, Price lists, quotations, Delivery Notes, Orders or Order Confirmations, including without limitation, any of the goods listed on the Company's website www.petheaven.co.za;
1.12 "Order" means any order as contemplated in clause 3.1, placed by a Customer with the Company for the supply of the Goods to be consumed ultimately by the Recipient Pet;
1.13 "Order Confirmation" means any notification or correspondence sent by the Company to the Customer, by email or otherwise, confirming an Order;
1.14 "Parties" means the Company and the Customer, collectively, and "Party" shall mean either one of them as the context may indicate;
1.15 "Payment Date" means, where payment is made by means of a credit card, the date upon which such credit card payment is processed, as per the instruction of the Customer contained in the Order, and in the event that such date is a Sunday or recognised South African public holiday, the credit card payment shall be processed on the next ordinary Business Day;
1.16 "Price" means the usual current price of the Goods and Delivery costs (if any) at the time of Delivery of the Goods, which shall be inclusive of VAT, and any other amounts listed on the Delivery Note which have been mutually agreed to by both Parties;
1.17 "Recipient Pet" means the pet which is intended by the Customer to consume the Goods which are the subject matter of the Order placed by the Customer;
1.18 "VAT" means Value Added Tax levied in accordance with the provisions of the Value Added Tax Act No. 89 of 1991, as amended.
2. PRICE AND PAYMENT
2.1 The Customer shall pay the Company the Price in respect of any Goods ordered.
2.2 In the event that the Customer wishes to pay the Price by way of credit card, then the provisions of clauses 2.3 to 2.5 shall apply.
2.3 The Customer undertakes to ensure that the credit card has not been used to its maximum limit, and that there will be sufficient funds in it to cover the amount due. In the event that the credit card has reached its maximum limit and there are insufficient funds in it on the Payment Date to cover the amount due, the Customer agrees to the Company processing the credit card payment on any other date after the Payment Date. Alternatively, upon notification by the Company to the Customer of the credit card being at its maximum limit, the Customer shall immediately transfer the amount due into the Company's bank account by way of electronic funds transfer.
2.4 The Customer further agrees that he/she will be liable for any claims, losses or damages of whatsoever nature in the event that the credit card (i) has reached its maximum limit; (ii) details provided to the Company are incorrect; (iii) is held in the name of any other person; and/or (iv) has expired or, during the term of this Agreement, expires.
2.5 The Customer shall not be entitled to reverse any payment made in terms of this clause 2, for any reason whatsoever, where such amount is legally owing by the Customer to the Company.
2.6 No Deliveries shall be made by the Company to the Customer until it has received payment in full in respect of the Goods ordered by the Customer, and the Company shall have the right to suspend Deliveries if any amount due by the Customer to the Company is unpaid.
3.2 Subsequent to the Customer placing an Order, the Customer will receive an Order Confirmation from the Company.
3.3 The Company will not be responsible for any errors or misunderstandings that occur during the placing of an Order, or for the failure by the Customer to provide the Company with correct and accurate information when placing an Order or as set out on any quote, Order Confirmation and/or Delivery Note.
3.4 The Customer confirms that the information given by it when placing an Order is accurate and complete. The Customer further agrees to update such information, failing which the Company will not be liable for any inaccuracies or lack of completeness of such information, or any consequential failure to deliver the Goods properly.
3.5 Orders and Order Confirmations shall constitute offers to purchase the Goods in question at the usual Prices of the Company.
3.6 All Orders received will be submitted to the Company for processing and will be subject to acceptance by the Company by way of the Delivery of the Goods.
3.7 The Company shall be entitled to recover from the Customer any extra costs, including Delivery costs, incurred by the Company due, directly or indirectly, to the actions of the Customer including instances where the Customer:
3.7.1 alters the Order, including where the Company delivers the Goods in accordance with the Order, and the Customer alters the Order upon or after Delivery; or
3.7.2 refuses to accept Delivery notwithstanding that the Goods meet the specifications set out in the Order; or
3.7.3 fails or delays to give full particulars needed by the Company; or
3.7.4 otherwise delays the Order process.
4.1 Subject to clause 4.2, Delivery will be made in respect of Orders at the Delivery Place on the Delivery Dates. Delivery will generally be made by the Company's appointed courier service agents.
4.2 Where the Delivery Place is a remote area, which is not serviced by the Company's courier service agents, Delivery will be made via Post Office or to the nearest town to the Customer which is accessible by the Company's courier service agents within its normal routes. In these circumstances, the Company will be in contact with the Customer to arrange an alternative address.
4.3 Unless otherwise specified, Delivery is free.
4.4 Delivery shall be deemed to have taken place when the Goods are off-loaded at the Delivery Place.
4.5 Whilst every effort will be made to deliver the Goods in accordance with this clause, the Company shall not be liable for any loss and/or damage for failure to effect Delivery timeously for any reason beyond the Company's reasonable control, as contemplated in clause 13 below.
5.1 Subject to clause 5.2 below, risk in and to any Goods sold to the Customer shall pass to the Customer upon the Goods being delivered at the Delivery Place, irrespective of whether ownership of the Goods still vests in the Company in terms of clause 6.
5.2 The risk in the Goods shall immediately pass to the Customer if the Customer fails to take Delivery of the Goods ordered, or in any way delays the Delivery of Goods ordered.
5.3 Where Goods are returned in terms of clause 7 below, risk remains with the Customer until Delivery of the Defective Goods to the Company.
6. OWNERSHIP AND RETENTION OF TITLE
Until the Company has received payment in full of all sums owed to it on any account by the Customer, whether arising out of this Agreement or any other contract, legal and beneficial title in and to the Goods shall remain vested in the Company.
7.1 If the Customer finds any of the Goods to be Defective, the Customer must within 30 days after Delivery of the Goods inform the Company of the defect, in writing, and return the Goods to the Company.
7.2 Notwithstanding the aforegoing, the Company shall have no liability or obligation to the Customer in respect of any Goods which have been subjected to abuse, misuse, improper use, negligence, accident, alteration or tampering at the hands of the Customer, and the Customer hereby indemnifies the Company accordingly.
7.3 Orders placed incorrectly or by mistake of Customer will need to be returned to the Company on the Customer's own account. No refunds will be made until the Goods are returned in good order to the specified location of the Company.
8.1 Refunds can take up to 2 weeks to clear. A 5% transaction fee will be levied and taken into account when refunds are made.