TERMS AND CONDITIONS (T&C’s)
- This website can be accessed at www.theengraveslave.co.za
(the “Website”) and is owned and operated by The Engrave Slave (“TES”, “TES”, “T.E.S. Collection”, “we”, “us” and “our”).
- These Website Terms and Conditions (“T&C’s”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- Any person accessing this website (user) is subject to, and agrees to, the terms and conditions set out in this notice.
- These T&C’s are binding and enforceable against every person that accesses, benefits or uses this Website (“you”, “your” or “user”).
- The Website enables you to browse and purchase online for a mainly customised range of goods including fandom “fans of a particular person, team, fictional series, etc. regarded collectively as a community or subculture” merchandise, fashion wear and fashion accessories, stationary apparel, engraved items, home and kitchenware, electronics, jewellery, PPE’s (personal protection equipment), nail art, experience boxes and additional items the owners and creators of The Engrave Slave see fit to add to their available goods for purchase (“Goods”).
- TES allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”).
- TES will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these T&C’s only apply to purchases from Third Party Sellers, and other terms only apply to purchases from TES products. This will be made clear in the relevant clause.
- Important Notice
- These T&C’s apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These T&C’s contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of TES or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify TES or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these T&C’s because they are important and should be carefully noted.
- If there is any provision in these T&C’s that you do not understand, it is your responsibility to contact TES (by contact details provided) to explain it to you; before you accept the T&C’s or continue using the Website.
- Nothing in these T&C’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or TES in terms of the CPA.
- TES permits the use of this Website subject to the T&C’s. By using this Website in any way, you shall be deemed to have accepted all the T&C’s unconditionally. You must not use this Website if you do not agree to the T&C’s.
- Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these T&C’s).
- Use of the website –
- By using the Website you warrant that:
4.1.1. You are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of a parent or legal guardian. If a parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these T&C’s and to be liable and responsible for you and all your obligations under these T&C’s.
4.1.2 Should TES deem fit, where you are under the age of 18 – a letter of consent may be requested by TES from a parent or legal guardian; upon sale/purchase of goods from the Website prior to delivery being arranged. Should this not be supplied, TES have the right to refuse sale/purchase and make provisions for work already done with the purchase cost paid.
4.1.3 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised TES representative. (Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.1.4 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised TES representative.
- Conclusion of sales and availability of stock
- Users may place orders for Goods, which TES or the Third Party Seller may accept or reject. Whether or not TES or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by TES for the Goods or letter of consent where specifically requested by TES.
- NOTE: TES or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and TES or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from TES stating that your order or payment has been confirmed. TES will indicate the rejection of your order (by TES itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for amount already paid (excluding the provision of a fee should work already commenced on the order, work done fee).
- You may cancel an order within 48 hours (not 2 (two) working days – 2 (two) days) of your payment via the dedicated communications channels available, thereafter the production of your item has already commenced. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy below.
- Placing Goods/items in a shopping cart without completing the purchase cycle (steps) does not constitute an completed order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold TES or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at after 1 one) hour after commencing the cycle.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by TES, TES 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. When Goods are no longer available after you have placed an order, TES will notify you and you will be entitled to a refund of the amount already paid by you for such unavailable Goods.
- In the case of Goods for sale by a Third Party Seller, TES relies on inventory information supplied by the relevant Third Party Seller and TES accordingly bears no liability for any inaccuracies in the information supplied to it.
- Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller directly; not with TES, your respective rights and obligations being as set out in these T&C’s.
- Goods may not be purchased for re-sale. Should TES suspect that any such Goods are being purchased for re-sale, TES are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by TES or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
- debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation (within 24 (twenty-four) hours) your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation (within 24 (twenty-four) hours) your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Electronic Funds Transfer (EFT): if you pay via electronic funds transfer (EFT); payment must be made within 24 (twenty four) hours of placing your order. TES will not accept your order if payment has not been received;
- PayPal: Should you make use of this method of payment, please do note that the payment will reflect after 48 hours into the TES account and will incur additional bank charges (3% within South Africa) (5% international); where this method is used, these additional bank charges will be invoiced separately and for the user’s account. Please do note that completion of the order will be delayed, should this invoice not be paid. Cancellation under using Paypal: Should you cancel your order within those allotted 48 hours after payment has been actioned; please note that the additional bank charges will be incurred, thus will be deducted from the fees paid to TES, before a refund is considered or actioned.
188.8.131.52 Direct Bank Deposits (DBD): TES does not accept DBD due to additional bank charges that are incurred by TES for this payment method. Should a DBD be made for payment method by the user, these additional bank charges will be for the user’s account and invoiced separately (the completion of the order will be delayed, should this invoice not be paid).
6.3 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- TES will send you an auto confirmation communication about your order and payment.
- Delivery of goods
- TES offers 3 (three) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- self-collection; or
- T-Rex delivery within Cape Town (South Africa) vicinity only.
- Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, TES or the Third Party Seller will deliver the Goods to you as soon as reasonably possible (“Delivery Period”).
- TES’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order (or collection by you directly from TES).
- TES is not responsible for any loss or unauthorised use of a product, after the Goods/Products are delivered the physical address nominated by you (or collected by you directly from TES).
- What do I need to know about placing an order during the Pandemic:
- Delivery times may be longer than usual.
- You can find updated delivery times on the product detail page for each item, and in checkout.
- Do not use delivery addresses for buildings that may be closed due to the current provisions (e.g. schools).
- We prioritize the safety and health of our employees and provide a safe workplace, which is why at the onset of the pandemic we moved quickly to make COVID-19 related process changes.
- This included enhanced cleaning and social distancing measures to supplying personal protective gear such as masks and gloves.
- We have implemented temperature checks and regular sanitising.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
TES shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
- Gift Vouchers & Coupons
- TES may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of TES Goods.
- Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
- Gift Vouchers
- Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that TES gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire and be deemed unusable.
- Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained via TES platforms.
- If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods above.
- TES is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it been has delivered, the Gift Voucher to you or the email address nominated by you.
- There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
- Coupons are issued in TES’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation to – where a Coupon has been distributed in an unauthorised manner).
- Users do not have a right to Coupons, and Coupons cannot be earned.
- Coupons are issued under specific T&C’s regulating when and how they may be used.
- As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person, per promotion/campaign;
- where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at checkout – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. TES is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at checkout (prior to making payment), you can contact us here to confirm if the Coupon is still valid.
- If TES confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order (prior to payment) and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s T&C’s.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by TES, before you are able to use a Coupon.
- Daily Deals and other discounted Goods (Flash Sales)
- From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, Flash Sales, Bundle Deal or any other temporary deal which are explained below (each a “Deal”).
- These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
- However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
- For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter.
- Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
- Should any purchase take place where it is a “Deal”, TES has the right to only exchange an item, not refund the fee paid, refer to the conditions of “refund/exchange” below (Returns Policy).
Please note that Daily Deals have a stock limit and may expire earlier if stock runs out).
Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of TES.
Only one of each Daily Deal may be purchased per customer.
Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. TES must receive payment from you within 24 (twenty-four) hours of you placing your order for a Daily Deal, otherwise we will cancel your order.
- TES will reserve stock for customers in the order in which it receives payment.
- The Listed Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the Listed Price may be provided by the Third Party Seller.
- Bundle Deals
- We may from time to time offer bundle deals for sale under our TES collections and Apparel on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that TES (as provided on the Website) has combined together in a single bundle.
- Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history.
- Third Party Sellers
- TES will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases TES only provides the platform to facilitate transactions between Third Party Sellers and TES customers.
- TES is neither the buyer nor the seller of these Goods unless otherwise specified.
- The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. TES is not a party to that sale.
- The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
- Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors.
- Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof.
- If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
- Any returns of Third Party Seller Goods purchased, will be required to be handled and completed by the User and the Third Party Seller directly. TES will not be held liable, responsible or become involved in this action.
- Should any claim escalate into being a dispute, TES is not involved in this claim, nor will become involved in this dispute for any reason; to be handled by the Third Party Seller directly and only.
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- Should you decide to register as a user on the Website, we may require you to provide us with personal information 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
- Where the user is under the age of 18 (eighteen), a parent or legal guardian ID number and details may be requested, along with consent.
- 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.
- 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.
- Subject to clause 12.5.6 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 Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates 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, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; 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 Goods or when delivering Goods 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, affiliates 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 goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these T&C’s;
- to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
- to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
- to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
- 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, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, TES is entitled 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.
- We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
- Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
- We will –
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- 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; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
- 12.16 We will 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.
- TES undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- 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.
- Changes to these T&C’s
- TES may, in its sole discretion, change any of these T&Cs at any time. It is your responsibility to regularly check these T&C’s 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. This is the user’s responsibility.
- 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 T&C’s have been displayed on the Website, you will be deemed to have accepted such changes.
- Electronic communications
- Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of TES, its advertisers and/or sponsors and/or is licensed to TES.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these T&C’s or otherwise provided for in law.
- Where any of the Website Content has been licensed to TES or belongs to any third party, your rights of use will also be subject to any T&C’s which that licensor or third party imposes from time to time and you agree to comply with such third party T&C’s.
- The use of the Website is entirely at your own risk and you (the user) assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst TES takes reasonable measures to ensure that the content of the Website is accurate and complete, TES makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by TES’s representatives, TES shall not be bound thereby.
- TES disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of TES, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these T&C’s, TES also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of TES, its employees, agents or authorised representatives. TES thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of TES control, including those of advertisers. These T&C’s do not apply to those Third Party Websites and TES is not responsible, nor held liable, for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- 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 TES 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.
- Limitation of liability
- TES cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of TES, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Us page
- TES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY TES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- Availability and termination
- TES will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- TES may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that TES will not be held liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these T&C’s, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- TES is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by TES to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and TES, in whole or in part, on notice to you. TES shall only be liable to refund monies already paid by you (see TES’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to TES.
- Governing law and jurisdiction
- These T&C’s and our relationship and/or any dispute arising from or in connection with these T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your 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 T&C’s.
- In the event of any dispute arising between you and TES, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this Clause (Clause 20) or the T&C’s limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- TES hereby selects Kenilworth, Cape Town, as its address for the service of all formal notices and legal processes in connection with these T&C’s (“legal address”). Should any form of digital communication be sent, this can be sent to firstname.lastname@example.org.
- TES may change this address from time to time by updating these T&C’s.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving TES not less than 7 days’ notice in writing.
- Notices must be sent either by email and must be in English. All notices sent –
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND TES MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
22.1 TESare a participant under the Consumer Goods and Services Industry Code and are bound by it.
- 2 An electronic copy of this Code is available at http://www.cgso.org.za/downloads/.
22.3 If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Contact Us page on the Website or via email on email@example.com.
- If we don’t resolve your complaint electronically within 15 (Fifteen) business days of you having notified us of it. this These 15 (Fifteen) business days exclude the product time that is necessary (where required for exchange); as this does vary from item to item – You are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:
- Website: http://www.cgso.org.za/
- Sharecall: 0860 000 272
- For the purposes of the ECT Act, TES’s information is as follows, which should be read in conjunction with its product descriptions and other T&C’s contained on the Website:
- Full name: The Engrave Slave (Sole Proprietorship)
- Main business: Online retailer
- Physical address for receipt of legal service (also postal and street address): Kenilworth, Cape Town, 7708
- Office bearers: Michelle Roodman and Shaun Graham Roodman
- Phone number: +27 742489820
- Email address: firstname.lastname@example.org
- PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
- Third Party Sellers’ information is available in the relevant Product listing and/or via the Third Party Sellers website
- TES may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&C’s to any third party.
- Any failure on the part of you or TES to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining T&C’s will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the T&C’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These T&C’s contain the whole agreement between you and TES and no other warranty or undertaking is valid, unless contained in this document between the parties.
THE ENGRAVE SLAVE (TES) RETURNS POLICY
- Standard Returns Policy
25.1 We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either replace it provided all online return policy conditions are met.
- Online Return Policy conditions:
- The online return policy conditions (general) are stipulated below:
- You return the item within 14 days (inclusive) from the date of delivery/collection.
- You produce your TES receipt when you return the item
- The item is in original saleable condition and original packaging. ll product packaging (such as boxes) and if applicable; certificates of authenticity, grading, and appraisal must be returned with the item. Products missing all their applicable tags are not accepted for return.
- With all original tags and any sewn labels still attached
- In an unworn, unopened and unused state (subject to)
- If you are not able to comply with these requirements, TES reserves the right to refuse an exchange on items.
- This Policy applies to products bought from TES itself, except for customised products and from Third Party Sellers.
- Customized Products
- Customized products include products that are configured, personalized, or inscribed; for example, engravings, stamps, monograms, embroidery, embossing, etching, carving, or printing. Customized products sold by third-party sellers fall under their own return policy. To file a claim for these items please note the following:
- Notification to the third-party seller within 14 days of receipt of item for return.
- Due to personal configuration, inscription, or design on these products, the third-party seller is not required to accept returns or exchanges unless the products are damaged/defective upon arrival, or materially different from what was ordered.All product packaging (such as boxes) and if applicable; certificates of authenticity, grading, and appraisal must be returned with the item. Products missing all their applicable tags are not accepted for return.
- Certain parts of this Policy do not apply to sample/slight reject Unboxed Deals, reconditioned products or used products, and this is indicated in the relevant sections below. This Policy forms part of the TES T&C’s, and so words defined in the T&C’s have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.
25.9 Preparing your products for a return
25.9.1 To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;
- package your products safely and securely for protection during transit;
- clearly mark your return reference number on the outside of the parcel; and
- include all accessories and parts that were sold with the product.
- Certificates of authenticity, grading, and appraisal must be returned with the item. Products missing all their applicable tags are not accepted for return.
- Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
25.10 Incorrect Order Item received
25.10.1 If we accidentally deliver the wrong product to you – please notify us within 24 (twenty-four) hours of such delivery and we will collect the product from you at no charge.
25.10.2 If the product is missing any accessories or parts, you will need to follow the process set out in section above.
25.10.3 Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available)
25.11Products damaged on delivery
25.11.1 Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 24 (twenty-four) hours after such delivery / collection by contacting us via the Contacts Page.
184.108.40.206 We will arrange to collect the product from you at no charge.
220.127.116.11 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 is possible/ we have the same product in stock to use as a replacement
Intellectual property rights
All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publications, products, processed, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to the legal entity, and as such are protected from infringement by South African legislation and international treaties and conventions. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved.
Questions about the T&c’S should be sent to us at email@example.com