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Get In Touch
info@koikoi.co.za
Ph: +27 82 8365 254
Our Store
Watershed Market V&A Waterfront,
17 Dock Road, Cape Town, South Africa

TERMS, CONDITIONS AND RETURN POLICY

DEFINITIONS AND INTERPRETATION

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” and/or “the Company” means KOIKOI Clothing (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
  • “the Website” means www.koikoi.co.za

 

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 Agreement.
  • OVERVIEW
      1. The Website is owned and operated by KOIKOI Clothing (PTY) LTD
      2. This Agreement regulates the use of the Website as well as the ordering, sale and delivery of Goods.
      3. By using the Website in any manner or measure, the User hereby confirms that it has read and agrees to be bound by this terms and conditions.
      4. The Website facilitates the online purchase and sale of the KOIKOI product.
      5. The Website may only be used in accordance with the provisions which are set within this user agreement.
  • GENERAL
    1. The User may not cede, assign or otherwise transfer its rights and obligations in terms of this Agreement to any third party.
    2. 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 prosecutable.
    3. 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
    4. 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 Agreement.
    5. 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 .
    6. This Agreement is to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa.
    7. 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 User.
    2. 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 Agreement.

 

  • UNREGISTERED USERS
    1. Registration on this Website will be optional and unregistered Users will still be able to purchase the Goods on the website.
    2. Unregistered Users will be required to temporarily provide KOIKOI with the following information before KOIKOI’s 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 the purchase.
  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.
  2. By using the Website, the User warrants that it is 18 (eighteen) years of age, or older, and of full legal 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 your parent or legal guardian. You must obtain your parents’ or legal guardian’s advance authorisation, permission and consent to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

 

  • 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 party.
  2. 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
  • Users may place orders for Goods on the Website. KOIKOI Clothing 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 customer.
  • 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 ordered.
  • 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. (Please add link to returns policy)
  • Merely placing Goods in the shopping cart does not constitute an order for such good’s.
  • KOIKOI Clothing 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 completed.
  • When Goods become unavailable after the User has paid for them, KOKOI Clothing will notify the User and the User will be entitled to a refund of the amount paid by it in respect of the goods purchased


  • PAYMENT
  • 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).


  • Card transactions will be acquired by KOIKOI via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
  • Customer details will be stored by KOIKOI separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
  • The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).


  • DELIVERY
  • KOKOI Clothing deliveries are effected through UAfrica which acts as an umbrella for local couriers. DHL is used for International shipments.
  • Delivery cost per order is added to the total cost of the order when proceeded to checkout. This amount will differ depending on the location of the delivery address.
  • Should the User’s order not fit into one sleeve that is provided by the courier, KOIKOI will compensate for any additional costs to fulfil the order.
  • If the order has not been received after 10 working days from date of payment, the customer has the option to cancel the order and be fully re-funded.


  • ELECTRONIC COMMUNICATIONS
  • When a User visits the Website or sends electronic mails to KOKOI Clothing, 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.
  • 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 Company.


  • SECURITY
  • In order to ensure the security and reliable operation of the services to all the Company’s users, therefore KOIKOI hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
  • You may not utilise the Website in any manner which may compromise the security of KOIKOI’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Company suffer any damage or loss, civil damages shall be claimed by KOIKOI against the user.
  • Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by KOIKOI and its affiliates, agents and/or partners.

 

  1. INTELLECTUAL PROPERTY RIGHTS
    1. For the purpose of this clause, “Intellectual property rights” means any and all of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Company, currently or in the future, including without limitation, the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, the Company and as such are protected from infringement by local and international legislation and treaties.
    3. By submitting reviews, comments and/or any other content (other than your personal information) to the Company for posting on the Website, you automatically grant the Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
    4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
    5. Except with the Company’s express written permission, no proprietary material from this Website may be copied or retransmitted.
    6. Irrespective of the existence of copyright, the user acknowledges that the Company is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
    7. The Company authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

 

  • AMENDMENTS TO THIS AGREEMENT
  • 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 time.
  • Such changes, as made in accordance with clause 39 above, will take effect once displayed on the Website for a period of 24 Days.


  • AVAILABILITY AND TERMINATION OF THE WEBSITE
  • 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
  • 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 KOKOI, KOIKOI hereby, without prejudice to any claim that may arise against the User, reserves the right to suspend the User’s access to the website.


  • DISCLAIMER
  • The use of the Website is entirely at the risk of the customer.
  • 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.
  • 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 customer
  • 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
  • Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of KOIKOI.
  • 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 the website.
  • 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 website.


  • LINKED WEBSITES
  • KOIKOI may, from time to time, provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and KOIKOI does not endorse, nor does the inclusion of any link imply KOIKOI’s endorsement of such websites, their owners, licensees, administrators, content or security practices and operations.
  • While KOIKOI tries to provide links only to reputable websites or online partners, KOIKOI cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of KOIKOI. KOIKOI is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  • You agree that KOIKOI shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.


  • LIMITATION OF LIABILITY
  • 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. 
  • 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 to it.
  • 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 Party.

 

 

  • GOVERNING LAW AND JURISDICTION
  • 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 Africa.
  • 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
  • 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 KOKOI Clothing 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 user.
  • 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 website.
  • 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 website.


  • DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
  • 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.
  • In accordance with KOIKOI statutory obligations, it hereby discloses the following information:
  • Full name: KOIKOI Clothing (PTY) LTD
  • Main business: Online retailer;
  • Physical address for receipt of legal service (also postal and street address): Unit 507, Sea Point Medical Centre, 1 Kloof Road, Sea Point, Cape Town, South Africa, 8001
  • Office bearers: Unit 507, Sea Point Medical Centre, 1 Kloof Road, Sea Point, Cape Town, South Africa, 8001
  • Type of entity and registration number: Private Company Limited (PTY) LTD. Registration number 2007/029483/07
  • Phone number: 0828365254

CANCELLATION AND REFUND

    1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the “Products” within 7 days of receipt of the “Products”. In such an instance you:
      1. Will receive a full refund of the purchase price within (30) days of the date of your cancellation of the order.
      2. Undertake not to utilise the “Products”.
      3. Agree that the purchase will be deemed to have been cancelled, and you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the “Products”, such as courier and/or shipping charges to KOIKOI Head Office, in Cape Town.

RETURNS (GENERAL)

  1. “Products” may be returned only when defective, damaged or if the “Products” supplied are not the same “Products” that were ordered.
  2. If the “Products” are different from what was ordered, this must be reported within (48) hours of delivery. Any damage must also be immediately reported, within (48) hours of delivery.
  3. If you are returning “Products” via courier or post office you must package it carefully so that it does not become more damaged en route.
  4. Nothing in this clause (13) or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.

 

CANCELLATION AND REFUND

    1. When claiming a return for any faulty KOIKOI “Product” you will need to carefully complete the following steps:
      1. Step One: Email all the details listed below to info@koikoi.co.za
      2. Step Two: Attach the original proof of purchase to the email.
      3. Step Three: Send the email with all the correct details and attachments.
    2. Required details:
      1. Original Proof of Purchase/ Receipt
      2. Name & Surname
      3. Telephone number
      4. Email address
      5. A description and photograph of the faulty product
    3. Returns are limited to the original owner of the product that has been purchased from KOIKOI directly. You may only submit one product per return claim.
    4. KOIKOI reserves the right to determine whether your return claim is valid for a defective product replacement. Any suspected fraudulent behavior will be marked as fraud and investigated before approving the return.
CURRENCY
EUREuro