Terms & Conditions

1. Introduction

1.1. This website is owned and operated by Beachcomber Pots (“we”, “us”, “our”). The use of https://beachcomberpots.co.za/, and/or our social media platforms (“the Service”) is subject to the following terms and conditions (“the Terms and Conditions”).

1.2. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Service (“you”, “your” or “user”). By using the Service, and/or purchasing a service or product through the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.3. Please read these Terms and Conditions carefully – they constitute a fully binding agreement between you and Beachcomber Pots. If you do not agree to these Terms and Conditions, you are prohibited from using the Service in any way.

1.4. By accessing and/or using the Service you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.

1.5. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use the Service with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms and Conditions, and to be liable and responsible for you and all your obligations under these Terms and Conditions.

1.6. To register as a customer on the website, you must provide certain personal information to Beachcomber Pots – any personal information processed by us will be processed in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

2. Payment

2.1. The currency used to pay for purchases on beachcomberpots.co.za, is the South African Rand.

2.2. We are committed to ensuring you are able to pay for purchases on the website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for purchases via:

2.2.1. credit or debit card via PayFast;
2.2.2. Zapper

2.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the purchase. You also warrant that the payment method has sufficient available funds to cover the purchase price together with all delivery and other costs.

2.4. The payment method used to make the purchase will be debited on completion of checkout. .

2.5. Should the Customer’s payment provider reject the payment the purchase shall not be processed.

2.6. As part of measures taken to prevent fraud, the parties agree that Beachcomber Pots is entitled to transmit information regarding the order and the payment method to a third party for verification purposes.

2.7. In the event you have any queries regarding payment, you may contact us via the contact us tab on the website, or at gwyneth@beachcomberpots.co.za

3. Disclaimers and Important Information

3.1. Beachcomber Pots disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.

3.2. Although we have taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Service is free of viruses or any other data or code that has the ability to corrupt or affect your system.

3.3. The use of the Service in any form is entirely at the users’ own risk and the Service is provided ‘as is’.

3.4. Beachcomber Pots is not liable for any damages whatsoever relating to your use of and/or access of the Service in any manner, howsoever arising, including instances of loss caused by the negligence of Beachcomber Pots and/or its affiliates, partners or representatives.

3.5. We may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Beachcomber Pots accepts no responsibility for the content or use of such websites or the information contained therein.

3.6. Unless otherwise noted, the contents of the Service are subject to intellectual property rights that vest in Beachcomber Pots, or that vest in other entities. You are thus prohibited from using the content in this website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms and Conditions.

3.7. All information, products and prices available on the Website is subject to change without notice.

4. Site Security and Prohibited Activity

4.1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.

4.2. In using the Service, you must not:

4.2.1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;

4.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

4.2.3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.

5. Limitation of Liability and Indemnity

5.1. In addition to clause 5 above, under no circumstances, including, but not limited to, negligence, shall Beachcomber Pots, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website, its related web pages or social media channels.

5.2. You agree to indemnify, defend and hold Beachcomber Pots, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions; and/or (ii) your activities and/or conduct in connection with this Website its related web pages or social media channels.

6. General

6.1. We may revise these Terms and Conditions at any time without notice. Although we will endeavor to highlight any changes to these Terms and Conditions, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.

6.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Pietermaritzburg, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office at 3 Cherry Lane, Hilton, KZN.

6.3. If you have any questions or complaints regarding these Terms and Conditions, or have any queries or comments in relation to the Website, please contact gwyneth@beachcomberpots and we will endeavor to respond to you promptly.

6.4. Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain binding and continue with full force and effect.

/END

May 2020 v1