UNTAMED TERMS AND CONDITIONS FOR ONLINE PURCHASING
Last updated: 31/08/2015
Welcome to www.untamed.co.za. The Untamed website (“the “Website”) is an electronic service provider by [Untamed Passion (PTY) LTD with entity number 2015/214600/07] (“Untamed”), a division of Untamed Passion. Although Untamed is the operator of the Website, software, hosting, content, and other functions may be provided by Untamed Passion or any of its direct or indirect subsidiaries, affiliates, or incorporated or unincorporated divisions or operating units (together, our “Affiliates”), and/or our third party contractors, vendors, distributors or business partners (together with our Affiliates, “Trusted Third Parties”).
Untamed, its Affiliates and Trusted Third Parties (“Untamed”, “we”, “us”) provide website features to the Consumer subject to the following Terms and Conditions (“Terms”).
DETAILED DESCRIPTION OF GOODS AND/OR SERVICES
Untamed is a business in the Adult Industry that sells high quality sex toys and consumables to the South African Consumer.
WHEN YOU SHOP AT WWW.UNTAMED.CO.ZA, YOU ACCEPT THESE TERMS
These Terms apply to all persons (“Consumers”, “you”) that purchase and Goods or Services (“the Goods”) through the Website or any part thereof in terms of section 11 (3) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).
UPDATING OF THESE TERMS
Untamed may change, these Terms and will notify you of the changes via email or by posting a prominent notice on the Website. The Consumers’ continued use of this Website following notification of change will amount to acceptance of these Terms, including any changes.
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.
When you visit the Website or send emails or faxes to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communication be in writing.
INTERCEPTION OF COMMUNICATION
Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RIC Act”), the Consumer agrees to Untamed’s right to intercept, block, filter, read, disclose, where necessary, and/or use all data and information sent or posted by the Consumer during use of the online purchasing mechanism.
The Consumer agrees and acknowledges that the consent provided by the Consumer satisfies the “in writing” requirement in the ECT Act and the RIC Act.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Untamed or its content suppliers and protected by South African and International copyright laws. The compilation of all content on this Website is the exclusive property of Untamed and protected by South African and International copyright laws. All software used on this site is the property of Untamed or its software suppliers and protected by South African and International copyright laws.
Untamed graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Untamed in South Africa and/or other countries. Untamed’s trademarks and trade dress may not be used in connection with any Goods or services that re not Untamed’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Untamed. All other trademarks not owned by Untamed that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connect to, or sponsored by Untamed.
LICENSE AND SITE ACCESS
Untamed grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, expect with express written consent of Untamed. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any Goods listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Untamed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Untamed without the express written consent. You may not use any meta tags or any other “hidden text” utilizing Untamed’s name or trademarks without the express written consent of Untamed. Any unauthorized use terminates the permission or license granted by Untamed. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of www.untamed.co.za so long as the link does not portray Untamed, or its Goods or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Untamed logo or other proprietary graphic or trademark as part of the link without express written permission.
If the Consumer uses the Website you are responsible for all activities that occur under your password. Untamed sell Goods for adults, who can purchase with a credit card (Visa, or MasterCard) using PayGate or other permitted payment method. Untamed does not intend the Website to be used by or Goods sold to person under 18 years old. The Consumer acknowledges that the Goods sold on the Website are of a nature intended by persons over 18 years old. Untamed reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
PLEASE TAKE NOTE THAT BY PURCHASING THE GOODS ONLINE THE CONSUMER AGREES TO BE BOUND BY THESE TERMS.
When placing an order the Consumer shall ensure that the details and specifications of the order are correct as the details of the order will be relied upon by Untamed in the provision of the Goods.
The Consumer shall be liable for any costs incurred due to changes required by the Consumer or due to errors in the order specification.
AGREEMENT IN TERMS OF SECTION 23 OF THE ECT ACT
Untamed and the Consumer agree that:
Untamed shall execute the Consumer’s order within 30 (thirty) days from the date of submission of the order, unless agreed otherwise between Untamed and the Consumer. If Untamed fails to execute the order within 30 (thirty) days, the Consumer may cancel the order by giving Untamed 7 (seven) days’ notice in writing. If the Goods ordered by the Consumer are unavailable, Untamed shall promptly notify the Consumer of the unavailability of the Goods and shall refund payments made by the Consumer within 30 (thirty) days after such notification.
Please review out Shipping page to further understand our practices.
RETURNS AND REFUND
A Consumer may cancel, without reason or penalty, any transaction regarding the Goods, with 7 (seven) days after the date of the receipt of the Goods by returning such Goods, at its own cost and risk, to Untamed. Untamed shall, within 30 (thirty) days of the date of cancellation, refund a Consumer fully for any payment already made for the Goods less any amounts allowed in terms of the CPA.
A Consumer may return Goods purchased on this Website if:
Provided that Goods returned as set out above must be returned to Untamed with 10 (ten) business days after delivery of the Goods to the Consumer. Untamed shall refund the Consumer for the price paid for the Goods, less any amounts allowed in terms of the CPA.
No Goods may be returned once they have been partially or entirely disassembled or physically altered, opened, permanently installed, affixed, attached, joined or added to, blended or combined with or embedded within, other Goods or property.
Please review our Returns and Refunds page to further understand out practices.
Except where noted otherwise, the price list displayed for Goods on our Website represents the full retail price listed on the Goods itself, suggested by the manufacturer or supplier, or comparably featured item offered elsewhere. The price list is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We do not charge Consumers’ credit card until an order has been confirmed. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If payment is not received after seven (7) days of the order confirmation, the order will automatically be cancelled without any notification to the Consumer.
DISCLAIMER AND LIMITATION OF LIABILITY
Take special note of the following: Subject to the provisions of section 43(5) and 43(6) of the ECT Act, and to the extent permitted by laws, the Website and all content on the Website, are provided on an “as is” and “as available” basis, and may include inaccuracies or topographical errors and Untamed, suppliers, employees, directors, partners, affiliates and agents will not be held liable for any damage, or loss or liability of any nature incurred by whoever resulting from:
Untamed does not make any warranties or representations that the online purchasing mechanism will be available at all times. Consumers acknowledge that the online purchasing mechanism may be unavailable due to updates and other causes beyond the reasonable control of Untamed including but not limited to virus infections, unauthorised success, power failure or acts of God.
ILLEGAL INFRINGING AND HARMFUL ACTIVITIES
Consumers are encouraged to report to firstname.lastname@example.org any illegal, infringing, and/or harmful activities of which the Consumer becomes aware in respect of the online purchasing mechanism.
HYPERLINKS TO THIRD PARTY SITES
Untamed may provide hyperlinks to website not controlled by Untamed (“Target Sites”) and such links do not imply any endorsement, agreement on or support for content of such Target Sites;
Untamed does not editorially control the content on such Target Sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such Target Sites.
APPLICABLE AND GOVERNING LAW
These Terms will be governed by the laws of the Republic of South Africa, and the Consumer consents to the jurisdiction of the High Court in the event of any dispute.
If any provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible so as to give to the intent of these Terms and the remainder will continue in full force.
These Terms constitute the entire agreement between Untamed and the Consumer, and shall take precedence over any disclaimers or legal notices, attached to any communications and or posting received by Untamed from the Consumer. Any failure by Untamed to exercise or enforce any right or provision shall in no way constitute a waiver of such a right or provision.
Untamed shall not be liable for cost incurred by Consumers to obtain professional advice relating to these Terms.
In the event that the Consumer needs to contact Untamed for the purposes related to these Terms please use the following contact details:
Telephone: +27 87 001 0446
© Untamed Passion (Pty) Ltd
Last updated: 31/08/2015