Terms of Service
1. Introduction
1. “Consumer Importers”, “Yowie”, “Little Weasel”, “Dewy”, “Oribibi”, “Fesh Fesh”, “we”, “us” and “our” refers to Consumer Importers (Pty) Ltd.
2. “You” refers to you, our customer, who buys from us online.
3. These Terms and Conditions govern the ordering, sale and delivery of goods as well as use of the following websites:
- If there is anything that is unclear please ask us to explain it to you before you accept the Terms and Conditions, continue using the Website, or place an online order.
- We may amend these online shopping terms and conditions, at our sole discretion, from time to time. We will notify you of changes to these terms.
- The contents of the website are protected by law, including but not limited to copyright and trade mark law. The website content is the property of Consumer Importers, its advertisers and/or sponsors and/or is licensed to Consumer Importers. Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content, please contact us. You will not acquire any right, title or interest in or to the Website or the Website Content.
- This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Your use of any Third Party Websites is entirely at your own risk and we 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.
- Account
1. To register on our website, you must provide the following information:
- First Name
- Last Name
- Cellphone Number
- Email Address
- Password
- We will use your cellphone number as your unique identifier, and you will use your email address and password to log in to the website.
- By registering on our website, or buying goods from us online, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You also agree that we may send invoices to you electronically.
- Please keep your credentials private and secure and do not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.
- Please notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- Stock & Pricing
1. All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible.
2. You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and to ensure that when stock is no longer available, it is discontinued on the website, but we cannot guarantee the availability of stock. If goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
3. The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
4. We will use our best efforts to accurately display the goods on our website to ensure that what you receive matches your expectations. Please note that sometimes the way that a product appears can be dependent on the device that you use to access our website, specifically when it comes to the colour in an image. We cannot guarantee that the goods you receive, will look exactly as you have seen it online.
5. If a displayed price contains an inadvertent and obvious error, we are not bound by it after:
- Correcting the error in the displayed price; and
- Taking reasonable steps to inform affected consumers about the error and the correct price.
- No order will be accepted if we identify a material error in the description of any of our goods or their prices on our website.
- Gift Vouchers & Coupons
1. We may make physical and electronic gift cards (“Gift Cards”) and promotional coupons or discounts (“Coupons”) available for use on the website towards the purchase of goods. Gift Cards and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
2. Gift Cards cannot be used to buy other Gift Cards or Coupons. They do not accrue interest and are not refundable for cash. If the value of a Gift Card is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
3. We are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Card, after it has been delivered to you or the email address nominated by you.
4. Coupons and Gift Cards cannot be exchanged or refunded for cash or credit.
5. Coupons are issued at the discretion of Consumer Importers and we are entitled to correct, cancel or reject a Coupon for any reason and at any time (including without limitation where a Coupon has been distributed in an unauthorised manner).
6. Coupons are issued under specific Terms and Conditions regulating when and how they may be used.
7. If an error is spotted against any coupon or discount on an order, we may cancel these order(s) after notifying you.
- Orders
1. We will indicate the acceptance of your order by delivering the goods to you once payment has been received. Only at that point will an agreement of sale between you and Consumer Importers come into effect. This is regardless of any communication stating that your order or payment has been confirmed.
2. Once an agreement of sale is completed, you assume all risk and full responsibility for the goods.
3. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, the incorrect price being displayed, or an inaccurate description of the goods. We will inform you of any errors as soon as we become aware of them and, as soon as possible thereafter, we will refund you for any amount already paid.
4. We will not be liable for any loss or claim relating to a transaction based on any error.
5. Orders cannot be amended in any way once they have been invoiced, including changes to a delivery address.
6. Placing goods in a wishlist or shopping cart without completing payment does not constitute placing an order, and goods may be removed or updated in the shopping cart if stock is no longer available or the price has changed. We cannot be held liable if the goods in your shopping cart have been updated when you complete or attempt to complete the purchase at a later stage.
7. Goods may not be purchased for re-sale. Should we suspect that any such goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
8. We reserve the right to refuse orders, cancel any sale, and terminate accounts at the company’s discretion.
9. Orders may only be cancelled up to the point that they have been invoiced by Consumer Importers. After this the order will need to be delivered and processed as a return, if no longer required.
- Payment
1. You consent to our use of the services of reputable and secure third party payment service providers in order to process financial transactions and acknowledge that doing so necessitates the disclosure of your payment information when you make a purchase.
2. We have put measures in place to ensure your personal and payment information remains secure. We use PayFast, which offers you numerous payment options compliant with South African law.
- Delivery & Collection
1. You can have your order delivered to your address in South Africa.
2. We currently do not offer collections.
3. Information on shipping timeframes and rates is available at our shipping policy.
4. If for any reason we are unable to deliver to your address, your order may be cancelled.
5. We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided.
6. If you are unable to accept the goods yourself, please ensure that an authorised representative is available at the delivery address. If anyone other than you takes delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf.
7. If no one is at the delivery address to accept delivery, our courier will contact you to arrange an alternative time. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
8. You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.
- Refunds, Returns, and Exchanges
1. Please refer to our refund policy.
- Privacy & Security
1. Please refer to our privacy policy.
- Website Availability
1. We 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.
2. If you fail to comply with your obligations under these Terms and Conditions, 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.
3. We are 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 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, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you (see our 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.