WEBSITE TERMS AND CONDITIONS

Between:

Puppify (Pty) Ltd and you (the “User”).

WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

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 Puppify website, web pages or any part hereof. The User is automatically bound by these terms and conditions by virtue of accessing 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 website 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. Puppify is a mobile grooming parlour and pet store operating in the Republic of South Africa.
2. Definitions:
   • “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;
   • “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.”
   • “CPA” means the Consumer Protection Act No. 68 of 2008;
   • “Company” means Puppify (Pty) Ltd;
   • “Customer” means any person who purchases or offers to purchase the Goods from the Company, for ultimate consumption by a Recipient Pet;
   • “Defective” in relation to any Goods means:
     • that such Goods are unsafe (as this term is defined in the CPA);
     • that there is a Goods failure, defect or hazard in any such Goods (as these terms are defined in the CPA); or
     • inadequate instructions or warnings have been provided to the Customer pertaining to any hazard arising from or associated with the use of such Goods;
   • “Delivery” means the delivery of the Goods by the Company to the Customer
   • “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 in accordance with the delivery policy;
   • “Delivery Note” means the delivery note or any other confirmation of Delivery, signed by the Customer upon Delivery of the Goods;
   • “Delivery Place” means the place for Delivery of the Goods, which place shall be the place specified in the Order;
   • “Goods” means any goods supplied by the Company to the Customer in terms of this Agreement
   • “Order” means any order placed by a Customer with the Company for the supply of the Goods to be consumed ultimately by the Recipient Pet;
   • “Order Confirmation” means any notification or correspondence sent by the Company to the Customer, by email or otherwise, confirming an Order;
   • “Parties” means the Company and the Customer, collectively, and “Party” shall mean either one of them as the context may indicate;
   • “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 recognize South African public holiday, the credit card payment shall be processed on the next ordinary Business Day;
   • “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;
   • “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;
   • “VAT” means Value Added Tax levied in accordance with the provisions of the Value Added Tax Act No. 89 of 1991, as amended.
   • “User” means any user accessing this website or using its services
3. This website, the content hereof and the online services are the property of, and all proprietary rights therein, vest in Puppify. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the website (whether registered or not), vest in Puppify or its licensors, and that it is not authorised 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 Puppify.
4. 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 behaviour by others; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable behaviour; and activities designed to impersonate the identity of a third party.
5. 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.
6. Limited liability – The use of this website and online services is at the user’s own risk. In no event, including without limitation, negligence, will Puppify, 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 Puppify 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.
7. Indemnity – The User hereby indemnifies and holds Puppify, 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:
   • the User’s use of the website and online services;
   • the User’s violation of these terms and conditions; or
   • the User’s violation of any law, rule or regulation or the rights of any other person or entity.
8. Account Access – The User agrees to immediately notify Puppify of any unauthorised use of his / her password or account, or any other breach of security. Puppify may disable the User’s password and account at any time in its sole discretion with or without notice or explanation.
9. Third Party Sites and Services – This website and online services may also make available other services, service providers, dealings, web sites and/or web pages operated by third parties offering material, information and online services (the “third party service”). The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites . Third party services are made available only as a convenience, and the inclusion within the online services of any link to a third party service does not imply endorsement by Puppify of the operator of such site or service.  Any direct dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. Puppify will not be responsible or liable for any part of any such dealings.
10. No Warranty – Except as expressly provided otherwise in a written agreement between the User and Puppify, 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.
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. Puppify 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 Puppify 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 Puppify or any other party, and should in no way be construed as professional advice. Any reliance the User places on any content is strictly at the User’s own risk.
12. Modification – Puppify reserves the right, in its sole discretion, to:
    • change these terms and conditions without notice to the User;
    • change the content and/or services available on or through the website;
    • discontinue any aspect of the website or service(s) available from the website; and/or
    • 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 affidavit signed by the administrator responsible for maintaining the website shall be prima facieproof of the date of publication and content of the current version and all previous versions of these terms and conditions.
14. General – These Website Terms and Conditions, together with the Privacy Policy, Delivery Terms and Refunds Policy sets out the general rules and policies governing the User’s use of our website. Puppify Grooming Terms and Conditions are also laid out under the Grooming section of the Website.
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.
16. PRICE AND PAYMENT:
    • The Customer shall pay the Company the Price in respect of any Goods ordered.
    • 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.
    • 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
      • has reached its maximum limit;
      • details provided to the Company are incorrect;
      • is held in the name of any other person; and/or (iv) has expired or, during the term of this Agreement, expires.
    • 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.
    • 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.
    • Occasionally there may be information on our site that contains errors, inaccuracies or omissions that may relate to product descriptions, images, pricing, promotions, offers, product shipping charges, transit times and availability.
      • We reserve the right to correct any such errors, inaccuracies or omissions, to change or update information. 
      • We reserve the right to cancel orders, if any information on the website is inaccurate at any time without prior notice (including after you have submitted and paid for your order). This includes where product pricing, descriptions, images, or quantities may have been incorrect or outdated. In the case where you have already submitted payment, then you will be refunded accordingly.
17. ORDERS
    • Orders by the Customer for the Goods shall be made by the Customer online via our website. In particular, in order for the Customer to place an Order, the Customer shall be required to sign up online, which includes providing various information to the Company.
    • Subsequent to the Customer placing an Order, the Customer will receive an Order Confirmation from the Company.
    • 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.
    • 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.
    • Orders and Order Confirmations shall constitute offers to purchase the Goods in question at the usual Prices of the Company.
    • 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.
    • 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:
      • 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
      • refuses to accept Delivery notwithstanding that the Goods meet the specifications set out in the Order; or
      • fails or delays to give full particulars needed by the Company; or
      • otherwise delays the Order process
      • The customer acknowledges that the delivery fee is based on the delivery postal code, if said Customer provides incorrect information they will be liable for additional delivery fees.

18. Delivery
    • 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.
    • Where the Delivery Place is a remote area, which is not serviced by the Company’s courier service agents, Delivery will be made via the nearest Pargo pick up. In these circumstances, the Company will be in contact with the Customer to arrange an alternative address.
    • Delivery shall be deemed to have taken place when the Goods are off-loaded at the Delivery Place.
    • 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.
    • The customer shall make provisions to be available or have someone else available for delivery. Additional costs may be charged in the event that multiple attempts to delivery are of no success.
19. Risk
    • The 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.
    • 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.
    • Where Goods are returned, risk remains with the Customer until Delivery of the Defective Goods to the Company.
20. 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.
21. Returns
    • If the Customer finds any of the Goods to be Defective, the Customer must within 15 days after Delivery of the Goods inform the Company of the defect, in writing, and return the Goods to the Company.
    • 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
    • Non-defective products can be returned within 7 days after delivery. The products 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. They will need to be unopened and in the original packaging. A voucher will be provided. 
    • All returned items need to be unused and in perfect condition, with swing/ price/ care tags attached and in their original packaging. It must be undamaged and unused, with the original labels and stickers still attached. We cannot accept returns of damaged products, personalised or otherwise non-saleable products. 
    • Products specially ordered for Customers at the Customers request will be non-refundable
22. Refunds
    • Refunds can take up to 2 weeks to clear once goods are received and inspected. 
    • A 7% transaction and handling fee will be levied and taken into account when refunds are made.
    • The customer will also be charged for courier fees for returns on non-defective products.
    • In the event of opened or defective products we will require our suppliers to inspect and validate whether the product is in fact defective before refunds will be processed. 
    • Refunds will not be allowed for special order or discontinued items where we are unable to return them to the supplier.