1 Legally Binding Contract
All individuals (“Purchasers”) who purchase any products on this Site are bound by these terms and conditions (“T&C”) and by using this website, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the T&C, unmodified by you.
2 Who you are contracting with
The Site is owned and operated by SQUARE MOON design CC, registration number 2010/146110/23, a close corporation in the Republic of South Africa (hereinafter referred to as “SQUARE MOON”). More detailed information on SQUARE MOON can be found at the end of these T&C.
3 Online Sales
SQUARE MOON enables its visitors to purchase local, luxury, custom designed and manufactured handbags (“Products’).
4 Purchasing Products
As a visitor, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such product is available.
A purchase agreement between you and SQUARE MOON (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by SQUARE MOON into its bank account and subject to stock of the Product concerned being available.
Placing a Product in your shopping basket without completing the purchase cycle does not constitute an Order or a purchase agreement for such Product.
Please note that stocks of all Products on offer are limited. SQUARE MOON may remove any Product from your shopping basket if stock of the Product is no longer available and you cannot hold SQUARE MOON liable if any Product is not available when you attempt to complete the purchase cycle. SQUARE MOON’s only obligation shall be to (i) inform you by e-mail of the delivery of a partial Order (where you have ordered more than 1 Product and only certain of the Products are not available) or the cancellation of your Order in its entirety (where none of the Products ordered is available) and (ii) refund the amount paid by you for the Product(s) which are not available, on the terms and conditions set out in detail in the Return Policy (“Return Policy”)
5 Termination of Purchases & Cancellation of Orders
By SQUARE MOON: SQUARE MOON reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, without giving any reasons. SQUARE MOON shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see SQUARE MOON’s Return Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any Order/Purchase.
By You: You are entitled to cancel any Order/s or Purchase/s at any time prior to the relevant Online Sale ending, as provided for in the Return Policy. Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any Purchase concluded on this Site within 7 days after date of receipt of the Products and to obtain a full purchase price refund. Please read the Return Policy for further details in this regard.
9 Defects, Refunds & Returns
Should you not be satisfied with any Product purchased by you by reason of a defect, incorrect choice of Product or otherwise, you may, under certain circumstances, be entitled to be refunded or have the Product repaired or replaced, as the case may be. The Return Policy regulates your rights in this regard.
10 Sales Records
A full record of every Purchase and related transaction between you and SQUARE MOON shall be maintained by SQUARE MOON for a period of 12 months following the date of such Purchase or related transaction. You request such record during the 12 month period, where after, you are responsible for retaining your own record of the relevant purchase or related transaction.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that SQUARE MOON suffers any damage or loss.
You agree and warrant that all your private information submitted to this site shall be used for your personal use only and not be disclosed to any third party.
You allow SQUARE MOON to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions on the Site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. SQUARE MOON does not access any confidential information about your means of payment, which is why you will be asked for your banking details each time you place an Order. Only SQUARE MOON’s banking partner from time to time, will access confidential information (such as your card number, validity date etc).
Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither SQUARE MOON nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, SQUARE MOON makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email email@example.com.
This Site is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of SQUARE MOON and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
Neither SQUARE MOON nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any Product sold by SQUARE MOON on this Site.
13 Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C. You and SQUARE MOON submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these T&C shall be and remain of full force and effect.
SQUARE MOON shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za
SQUARE MOON may electronically collect, store and use the following of your personal information:
- name and surname;
- birth date;
- country of residence;
- closest city;
- non-personal browsing habits and click patterns;
- e-mail address;
- IP address; and
- ID number / passport number
Squaremoon collects, stores and uses the above-mentioned information for the following purposes:
- to greet you when you access the Site;
- subject to your consent, to inform you of facts relating to your access and use of the Site;
- subject to your consent, to inform you about competitions and special offers from SQUARE MOON and/or its partners / affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
- to verify your identity when transacting with SQUARE MOON; and
- to ensure that the goods are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from SQUARE MOON and/or its partners / affiliates.
SQUARE MOON may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
- SQUARE MOON shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
- SQUARE MOON may compile, use and share any information that does not relate to any specific individual; and
- SQUARE MOON owns and retains all rights to non-personal statistical information collected and compiled by SQUARE MOON
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company/ies used from time to time to enable delivery of Products Purchased to you.
15 Changes to T&C
SQUARE MOON may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further Orders on the Site and from using the Site in any way.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and SQUARE MOON on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of SQUARE MOON, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
SQUARE MOON chooses as its domicilium citandi et executandi (i.e. its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 19B Barbara Road, Bakoven, 8005 Cape Town, South Africa.
18 Term and Termination
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by SQUARE MOON from time to time, for so long as the Site exists and is operational, SQUARE MOON being entitled to terminate these T&C and/or shut down the Site at any time without notice to you.
If you fail to comply with your obligations under these T&C, including any incident involving the payment of the price of an Order, this may (in the sole discretion of SQUARE MOON) lead to suspension of your access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which SQUARE MOON might seek. As a result, SQUARE MOON reserves the right to refuse any Order from an individual with whom there is any such dispute.
Any and all copyright subsisting in the Site, including these T&C, vests in SQUARE MOON and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at firstname.lastname@example.org
SQUARE MOON cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform SQUARE MOON of any content that may be offensive or illegal.
20 Intellectual Property Rights
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to SQUARE MOON and as such are protected from infringement by local and international legislation and treaties.
21 Electronic Communications
When you visit the Site or send e-mails to SQUARE MOON, you consent to receiving communications from SQUARE MOON electronically and agree that all agreements, notices, disclosures and other communications sent by SQUARE MOON satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
22 Hyperlinks, Framing, Spiders and Crawlers
No person, business or web site may link to any page on this Site without the prior written permission of SQUARE MOON. Such permission could be obtained by contacting us by email at email@example.com
Hyperlinks provided on this Site to non- SQUARE MOON sites are provided as is and SQUARE MOON does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of SQUARE MOON. Such permission could be obtained by contacting us by email at firstname.lastname@example.org
23 SQUARE MOON Corporate Information
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
SQUARE MOON’s information is as follows:
Full name: SQUARE MOON design CC, registered in South Africa, registration number 2010/146110/23
Main business: Online retailer
Address for receipt of legal service: 19B Barbara Road, Bakoven, Cape Town 8005
Director: Lani Edwards
Webmaster: Deep Interactive
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.dfa.gov.za/department/accessinfo_act.pdf
Code of Conduct: not applicable