Terms and Conditions

TERMS, CONDITIONS AND RETURN POLICY

  

DEFINITIONS AND INTERPRETATION

  1. In this Agreement, unless the context clearly indicates a contrary intention, the following expressions have the following meanings and cognate expressions shall have corresponding meanings:
  • “this Agreement” means all terms and conditions contained herein;
  • “Delivery Period” means within 7 (Seven) working days after receipt of the User’s payment;
  • “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
  • “Goods” means the variety of clothing and bags, for both men and women, manufactured and sold by
  • “KoiKoi” means KoiKoi (Pty) Ltd, having registration number 2007/029483/07 , a private company duly incorporated as such within the company laws of the Republic of South Africa;
  • “User” means all persons who access or otherwise interact with the Website or any part
  1. In this Agreement:
  • the singular includes the plural and vice versa and words importing one gender includes every other gender. Any reference to a juristic person includes a natural person and vice versa;

  • the clause headings are for ease of reference only and shall not affect the interpretation or construction of this Agreement; and
  • if any definition contains a substantive provision conferring rights and/or obligations upon a Party, then effect shall be given thereto as if it were contained in the body of this

OVERVIEW

  1. The Website is owned and operated by
  1. This Agreement regulates the use of the Website as well as the ordering, sale and delivery of Goods
  1. By using the Website in any manner or measure, the User hereby confirms that it has read and agrees to be bound by this
  1. The Website facilitates the online purchase and sale of the
  1. The Website may only be used in accordance with the provisions which

GENERAL

  1. The User may not cede, assign or otherwise transfer its rights and obligations in terms of this Agreement to any third
  1. If any term or condition contained herein is declared invalid by a Court of law, same shall be considered severable from the rest of this Agreement, which will remain in full force and
  1. The failure by either the User or KoiKoi to enforce any provision of this Agreement shall not affect in any way that party’s right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision

  1. The User and KoiKoi undertake to each other to do all things reasonably within their power which are necessary or desirable to give effect to the spirit and intent of this
  1. If, in order to recover any amount due by the User to KoiKoi, or any right of KoiKoi’s, in terms of this Agreement, KoiKoi institutes any legal proceedings against the User, KoiKoi shall be entitled to recover from the User all fees, expenses, and disbursements charged and incurred by KoiKoi’s attorneys on the Attorney and Own Client
  1. This Agreement is to be governed, interpreted and implemented in accordance with the laws of the Republic of South
  1. The User warrants that it understands the meaning and purpose of this Agreement.

USAGE

  1. In terms of section 11 of the ECT Act and the common law, this Agreement is valid, binding and enforceable against the
  1. If the User does not agree to be bound by this Agreement, the User must leave the Website without delay, as further use will automatically bind the User to the terms and conditions contained in this

UNREGISTERED USERS

  1. Registration on this Website will be optional and unregistered Users will still be able to purchase the Goods on the
  1. Unregistered Users will be required to temporarily provide KoiKoi with the following information before KoiKoi accepts any payments or orders:

  • the name and contact details of the person accepting delivery;
  • the address to which the Goods will be delivered; and
  • the billing information of the person making
  1. Upon receiving confirmation that the User’s order has been delivered to it, KoiKoi will delete the abovementioned information as though the User had requested KoiKoi to do so in terms of clause 3 hereof.
  1. By using the Website, the User warrants that it is 18 (eighteen) years of age, or older, and of full legal

REGISTERED USERS

  1. To register as a User, the User will need to provide KoiKoi with the following information:
  • a unique username and password;
  • cell phone number;
  • email address;
  • gender;
  • billing address; and
  • home/delivery
  1. Further to the aforegoing, the User warrants that its username and password shall be used for personal use only and shall not be disclosed, by the User, to any third

  1. The User agrees to be held liable for payment pertaining all purchases made from the User’s account, whether made by the User personally or otherwise, save where such purchase is cancelled in accordance the provisions of this Agreement.

SALES

  1. Users may place orders for Goods on the Website. KoiKoi may accept or reject such orders based on, inter alia, the availability of the Goods, the receipt of payment in respect thereof and the accuracy of the delivery and billing information specified by the
  1. Despite any communication from KoiKoi stating that the User’s order or payment has been confirmed, acceptance of the User’s order and the conclusion of a valid sale agreement in respect thereof is contingent upon delivery by KoiKoi, to the User, of the Goods that it
  1. The User may cancel its order at any time prior to the delivery of the Goods ordered and prior to the User receiving a dispatch or delivery notice. After delivery of the Goods, the User may cancel the Sale only in accordance with the Returns Policy, canvassed
  1. Merely placing Goods in the shopping cart does not constitute an order for such
  1. KoiKoi accepts no liability whatsoever for instances in which Goods become unavailable or the price of the Goods changes between the time the relevant Goods are placed into the User’s shopping cart and the time that the purchase is
  1. When Goods become unavailable after the User has paid for them, KoiKoi will notify the User and the User will be entitled to a refund of the amount paid by it in respect

PAYMENT

  1. Payment can be made for Goods via –
  • credit card: in such instance, KoiKoi may require additional information in order to authorise and/or verify the validity of such Delivery may be withheld until such time as KoiKoi has received the additional information requested. The User warrants that it is fully authorised to use the credit card in respect of which details are supplied for purposes of paying for the Goods. The User also warrants that its credit card has sufficient available funds to cover all the costs incurred in respect of its order;
  • direct bank deposit or electronic funds transfer: in such instance, payment must be made within 2 (Two) days of placing the User’s KoiKoi will not accept or process the User’s order if proof of payment has not been received;
  • Instant EFT via Payfast;
  • Mastercard and Visa via Payfast;
  • Masterpass; or
  • Debit Cards (Standard Bank, Nedbank, First National Bank and ABSA). Cards will not be accepted on
  1. Any payment related enquiries may be forwarded to info@koikoi.co.za.

DELIVERY

  1. KoiKoi deliveries are effected through

  1. Delivery of the User’s order will require at least one plastic sleeve from Aramex, which will cost R100.00 for such plastic sleeve required for delivery. Such cost shall be payable by the
  1. Should the User’s order not fit into one sleeve, KoiKoi shall place the User’s order on hold, make alternative arrangements with Aramex and email the User the new delivery details, including the new price for the delivery of the User’s Upon receipt of the new delivery details, the User will have 7 (Seven) days to send KoiKoi the User’s confirmation or rejection thereof. Should the User reject the new delivery details, KoiKoi will, within 7 (Seven) days of such rejection being communicated to it, refund the User any monies already paid in respect of its order, and cancel its order. Should the 7 (Seven) days mentioned above lapse, KoiKoi will treat the User’s order as though the new delivery details have been rejected.
  1. The User may view the details of Aramex’s delivery terms and conditions at http://www.aramex.co.za/media/uploads/terms_of_use_-

_drop_box_pack._pdf.pdf, which are incorporated herein by reference.

  1. Subject to clauses 32 to 35 above, where it accepts the User’s order, KoiKoi will email the User its tracking number and, through Aramex, deliver the Goods to the User as soon as reasonably possible, but by no later than 7 (Seven) working days after receipt of the User’s payment (“the Delivery Period”). Koikoi will notify the User if it is unable to deliver the Goods during the Delivery The User may then, within 7 (Seven) working days of receiving such notification, elect whether or not to cancel its order for the Goods. If the User elects to cancel its order, KoiKoi will reimburse the User the purchase price.

ELECTRONIC COMMUNICATIONS

  1. When a User visits the Website or sends electronic mails to KoiKoi, the User consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications sent by KoiKoi

electronically satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

  1. Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, the User further agrees to KoiKoi’s right to intercept, block, filter, read, delete, disclose and use all communications, including “data messages” as defined in the ECT Act, sent or posted by the User to the

AMENDMENTS TO THIS AGREEMENT

  1. KoiKoi may, in its sole discretion and at any time, effect any change which it deems necessary to this Agreement. Users shall be notified of changes to this Agreement by way of notice displayed on the Website. The User, by its continued use of the Website following such notification, agrees to be bound by this Agreement, as amended at any
  1. Such changes, as made in accordance with clause 39 above, will take effect once displayed on the Website for a period of 24

AVAILABILITY AND TERMINATION OF THE WEBSITE

  1. KoiKoi reserves the right to discontinue, suspend, modify or terminate the Website, or any part thereof, permanently or from time to time, without any notice to the User. Any orders processed before any permanent changes are made, which may adversely affect such orders, will still be attended to insofar as same are reasonably possible in the
  1. Should the User fail to comply with any obligations imposed on it by this Agreement, including but not limited to those in respect of payment, and fail to remedy such failure within 7 (Seven) days of being notified of such failure by KoiKoi, KoiKoi hereby, without prejudice to any claim that may arise against the User, reserves the right to suspend the User’s access to the

DISCLAIMER


  1. The use of the Website is entirely at the risk of the
  1. KoiKoi makes no representations or warranties, whether express or implied, as to the quality, availability, timeliness, operation, integrity, accuracy, completeness, functionality or reliability of the Website or any information thereon.
  1. KoiKoi shall not be liable for any loss, claim or expense relating to any transactions in the event that there are errors of any nature on the Website, except where such errors are caused by the gross negligence of
  1. The Website and all information thereon is provided 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
  1. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of
  1. KoiKoi makes no warranty or representation, whether express or implied, that the Website and its content are free of malware, spyware, viruses and other data and/or files which may adversely affect the device on which the User accesses
  1. KoiKoi shall not be liable for any damage, loss or liability of any nature whatsoever arising out of, or in in connection with, the User’s access to, use of, or inability to use, the

LINKED WEBSITES

  1. The Website may, from time to time, feature links to other websites. Such websites, unless otherwise specified, have no relation to and are not controlled

by KoiKoi. Consequently, this Agreement does not apply thereto and KoiKoi disclaims all liability which may arise in respect of the User’s use thereof.

LIMITATION OF LIABILITY

  1. KoiKoi will not accept liability for any incorrect information, including but not limited to, incorrect prices, which may appear on the Website, unless same arises as a result of gross negligence on the part of KoiKoi. Any such inaccuracies can be reported to info@koikoi.co.za.
  1. KoiKoi will not accept liability for any loss or damages which may arise from the User’s reliance on, or use of, the Website and/or any websites linked
  1. The User hereby indemnifies KoiKoi against any loss or claim of whatsoever nature, arising directly or indirectly form the User’s use of the Website, whether such claim is instituted by the User or any third

PRIVACY POLICY

  1. Should the User decide to register as a user or shop as an unregistered user on the Website, KoiKoi may require the User to provide it with certain personal information.
  1. Subject to clause 56 herein below, KoiKoi will not, without the User’s express consent:
  • use the User’s personal information for any purpose other than as set out below:
  • in relation to the ordering, sale and delivery of Goods;
  • to inform the User of new products and/or specials and/or promotions offered by KoiKoi, bearing in mind that the User may opt out of the receipt of such updates; and

  • monitoring statistical non-personal browsing habits, and to transact with KoiKoi; or
  • disclose the User’s personal information to any third party other than to KoiKoi’s employees and/or third party service providers, under the appropriate legally binding confidentiality and non-use obligations, inasmuch as they are involved in the facilitation of communications, sales and deliveries to the
  1. KoiKoi is entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on KoiKoi, or to protect and defend KoiKoi’s rights or property or to investigate fraudulent online
  1. KoiKoi undertakes:
  • to treat the User’s personal information as strictly confidential;
  • to employ appropriate measures to ensure that the User’s personal information remains protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • to, upon the User’s request, promptly return or destroy any and all of the User’s personal information in KoiKoi’s possession or control; and
  • not to retain the User’s personal information longer than the period for which it was originally needed, unless KoiKoi is required by law to do
  1. KoiKoi shall not be liable for any claim, loss or damage suffered as a result of any unauthorised or unlawful disclosures of the User’s personal information made by  third  parties  who  are  not  subject  to  KoiKoi’s  control,  unless  such disclosure occurs a result of KoiKoi’s gross

  1. Should the User disclose its personal information to anyone other than KoiKoi, KoiKoi shall not be liable for any loss or damage, however arising, suffered by the User as a result of the disclosure of such information to such third

GOVERNING LAW AND JURISDICTION

  1. Any disputes which may arise from, or in connection with, the Website and/or this Agreement, shall be governed in accordance with the laws of the Republic of South
  1. Should such a dispute arise as between the User and KoiKoi, the User hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Durban).

USE OF WEBSITE CONTENT AND/OR INFORMATION

  1. The information from, and contents of, the Website are protected by copyright and other proprietary rights laws. No information from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of a duly authorised representative of KoiKoi. KoiKoi retains all intellectual property rights in respect of KoiKoi functions and services as provided for on the Should any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement or of any content of the Website contrary to the provisions contained herein, occur, KoiKoi reserves the right to -
  • claim damages from the relevant User; and/or
  • institute criminal proceedings against the relevant
  1. Except as specified herein, the User is not granted a licence or any other right, including (without limitation) under copyright, trademark, patent or other intellectual property rights in or to the contents of the

  1. KoiKoi expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software or files appearing on or transmitted through the

DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

  1. Access to the Goods, services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in the ECT Users are therefore afforded the rights in chapter 7 of the ECT Act.
  1. In accordance with KoiKoi’s statutory obligations, it hereby discloses the following information:
  • Full name: KoiKoi;
  • Main business: Online retailer;
  • Physical address for receipt of legal service (also postal and street address): ; Mandela Rhodes Place room T801, Wale street Cape Town
  • Office bearers: Mandela Rhodes Place room T801, Wale street Cape Town.
  • Type of entity and registration number: ; Private clothing company
  • Phone number: ; and 0828365254

RETURNS POLICY

  1. Should the User be dissatisfied with its purchase, the User may return the Goods to KoiKoi, and KoiKoi will either repair them (where possible in the circumstances

of each instance), alternatively replace them, alternatively exchange them  (for different Goods), alternatively refund the User, in accordance with the Consumer Protection Act 68 of 2008, provided that the Goods are:

  • undamaged and unused, with all original labels still attached;
  • in their original packaging in the condition in which same was delivered; and
  • not missing any accessories or
  1. To the extent that the User wishes to return the Goods it has purchased, the User must log a return by emailing KoiKoi, within 30 (Thirty) days of delivery to the User or collection by the User of the unwanted Goods, at returns@koikoi.co.za with the following information:
  • the date of the purchase;

  

  • the price of the Goods;
  • a brief description of the Goods;
  • the User’s reason for returning the Goods;
  • whether the User would prefer a replacement, an exchange, a repair or a refund in respect of the unwanted Goods; and
  • the User’s banking
  1. Thereafter, KoiKoi will email the User in order to arrange for the delivery of the unwanted Goods back to its
  1. After the aforesaid 30 (Thirty) day period expires, the User may only return Goods if they are defective within 6 (Six) months from the date of their delivery

to, or collection by, the User. A defect is a material imperfection in the manufacture of Goods or any characteristic of Goods, which makes the Goods less acceptable than one would reasonably be entitled to expect in the circumstances.

  1. The following, inter alia, will not be regarded as defects and will not entitle the User to a return of Goods in question:
  • faults resulting from normal wear and tear;
  • damage arising from negligence, User abuse or incorrect usage of the Goods;
  • damage arising from a failure to adequately care for the Goods;
  • damage arising from unauthorised alterations to the Goods; and
  • where the specifications of the Goods, although accurately described on the Website, substantially fulfil their intended purpose, but the User is of the opinion that same does not suit the
  1. KoiKoi’s courier is entitled to refuse collection of Goods that are not properly packaged for transport, as described in clause 67
  1. Once the Goods have been inspected and the return thereof is validated, KoiKoi will notify the User via Please note that:
  • refunds may take up to 10 (Ten) working days to reflect in the User’s account from the date of processing;
  • delivery of replacements will be effected as though a new sale was concluded in respect thereof, with the exception of payment;

  • should replacements not be immediately available for delivery, the User will be notified via email and given the option of a refund or a repair (only when possible in the circumstances) of the original Goods;
  • where Goods requested in exchange for unwanted Goods are cheaper than the unwanted Goods, the difference will be refunded to the User. Where Goods requested in exchange for unwanted Goods are more expensive than the unwanted Goods, the balance must be paid to KoiKoi prior to delivery of the Goods; and
  • KoiKoi is entitled to refuse a return should the Goods fail to accord with clauses 67 and/or 72, as the case may