IMPORTANT NOTICE
Please read these terms and conditions carefully, as access to it and use of the services and content included in it, signifies that you have read, understood and accept without reservation, these terms and conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Elsabe Creations or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Elsabe Creations or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
ELIGIBILITY
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site you must be aged 18 or older and the holder of a valid debit/credit card.
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Elsabe Creations. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
PRODUCT DESCRIPTIONS
elsabecreations.co.za is a business in the Online retail industry that produces and distributes general products with a cat theme, locally designed and produced as well as sourced from around the world.
elsabecreations.co.za will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. We aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. All sizes given are not exact and may only be used as a rough indication, these sizes also varies due to unique designs and artistic freedom and the nature of the unique and limited number of products as some will be once off designs and not repeated in an exact style. As most of the Products are original designs and hand-made, the photos on the website may not be a 100% true reflection of the actual Products.
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
If you require any information regarding your order(s) please contact: [email protected]
TITLE TO GOODS
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been verified and cleared into our bank account.
PAYMENT
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the elsabecreations.co.za bank account, the details of which will be provided on request.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
You may pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery
RISK OF LOSS
Risk in the goods will pass to you upon the dispatch of the item. We cannot be held liable for any damage or loss by a third party once we have dispatched the item.
DELIVERY
Any delivery timescales quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party.
Unfortunately, we can’t leave deliveries unattended at the recipient’s front door. We will, however, try our best to deliver at reception, receiving, security or a neighbour if they aren’t available.
RETURNS
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
OWNERSHIP AND COPYRIGHT
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of elsabecreations.co.za, its affiliates, partners or licensors. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without elsabecreations.co.za’s written consent.
OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions,you shall be liable for all the losses and damages that this may cause to elsabecreations.co.za , its affiliates, partners or licensors.
ACCOUNT
You warrant that the personal information which you are required to provide is true, accurate and current in all respects. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us as soon as possible.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in elsabecreations.co.za’ s best interests to do so.
GIFT VOUCHERS AND COUPONS
Elsabe Creations may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Elsabe Creations Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Customer Privacy Policy
elsabecreations.co.za shall take all reasonable steps to protect the personal information of its users. We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website and its redirects.
By using this website, you signify your acceptance of our privacy policy. If you do not agree to this policy, please do not use our site. We will not process your information without your express or implied consent after which you will be deemed to have read and accepted the terms of this policy.
This privacy policy is governed by the Electronic Communications and Transactions Act 25, 2002 (“ECTA”) and the Protection of Personal Information Act 4, 2013 (“POPIA”) which you are encouraged to read for further information on the applicable principles. For the purpose of this policy, “personal information” shall be as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone and we will not disclose your personal information to any third party without your express consent unless where required by law.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Website from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site. We will not store your payment information, including credit card details, on our systems. Our website makes use of cookies which may be used for advertising information purposes and the information collected on our behalf by third parties is anonymous and does not personally identify you. Your web browser can be changed to reject cookies and the website will still be fully operational.
We retain your personal information for as long as the information is relevant to our business purposes or until you request that we remove the information by contacting our Privacy and Information Officer subject to relevant legislation. Disposal of your personal information will be in a manner that preserves your privacy.
We will take reasonable steps to protect the personal information we collect from unauthorised access, modification or disclosure. While we will use our all reasonable endeavours to safeguard your person information we cannot guarantee that your personal information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.
You will be able to access your personal information, subject to a reasonable administrative fee. If you would like to request and/or update your personal information and/or if you have any enquiry about this about how we process your personal information or this privacy policy, please send us an e-mail addressed to the Privacy and Information officer at [email protected].
Liability
elsabecreations.co.za and its representatives will incur no liability, if we are unable to complete the processing of the credit card transaction, because of any one or more of the following circumstances:
- The information provided for payment by the client is declined due to insufficient funds to complete the transaction.
- The information provided for payment is declined due to address verification systems, security code mismatches, over limits, or any other reason as reported by the banking institution.
- Circumstances beyond the control of elsabecreations.co.za and Virtual Card Services, such as fire, flood, internet delays, interruption or malfunction, or interference from an outside source, which prevents the proper execution of this transaction.
- co.za cannot accept liability for a payment not reaching the correct Client account due to you providing an incorrect reference number or other incorrect details whether personal or otherwise.
- co.za cannot accept liability for a payment not reaching the correct Client account where payment is refused or declined by the Card Supplier for any reason.
- If the card supplier declines payment, elsabecreations.co.za is under no obligation to bring this fact to your attention.
- It is your responsibility to check with the Card Supplier that payment has been deducted from the debit or credit account.
- co.za will not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, delict or any other legal theory and whether or not advised of the possibility of such damages.
Your use of this Website and any purchase by you of any goods from elsabecreations.co.za shall be governed by South African law and the parties hereto submit to the exclusive jurisdiction of the South African courts.
Credit Card Acquiring and Security
Online credit card transactions will be acquired for elsabecreations.co.za via Yoco(Pty) Ltd who are an approved payment gateway in South Africa. Yoco uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Clients may go to the following link to view their security certificate and security policy:
Customer details will be stored by Cat Stuff (Pty) (Ltd) separately from card details which are entered by the client on Yoco’s secure site.
For more detail on Yoco refer to www.yoco.co.za.
Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
INFORMATION
For the purposes of the ECT Act, Elsabe Creations’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Cat Stuff (Pty) Ltd, a private company registered in South Africa
Main business: Online retailer
Email address: [email protected]
GENERAL
All our prices are already inclusive of VAT. However, a delivery fee will be added on during checkout.
All prices are subject to change and are valid while stocks last!
Elsabe Creations may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Elsabe Creations to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
These Terms and Conditions contain the whole agreement between you and elsabecreations.co.za and no other warranty or undertaking is valid, unless contained in this document between the parties.
You acknowledge and agree that these Terms and Conditions, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Feel free to contact us at [email protected]
If you have any questions regarding these Terms and Conditions.
Country of domicile
This website is governed by the laws of South Africa and (Your Company) chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 16 Cedar Avenue, Bryanston.
This website is run by Cat Stuff (Pty) Ltd (private company) based in South Africa trading as elsabecreations.co.za.za and with registration number 2018/259302/07 and Elsabe Griesel (Owner).
Website Cookie Policy
This company uses cookies to ensure website functionality, track usage patterns, personalise content, analyse traffic and enable social media features to function correctly.
These cookies are essential for the website to function correctly. We do not collect personal information, other than what you allow us to store in terms of site usage.
The information collected by our cookies will never be shared with third party service providers under any circumstance.
By your usage of this site, you consent to the use of our cookies as stated within.
Policy
This policy works alongside our Privacy Policy. The purpose of this policy is to describe what cookies are, what we use them for, during your visit to or use of our website.
What are cookies?
The company may place small text files called ‘cookies’, on your device when you visit our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate you with a certain device.
Why do we use cookies?
These files serve a number of useful purposes for you, including:
- Granting you access to restricted content.
- Tailoring our website’s functionality to you personally, by letting us remember your preferences, location or device type.
- Improving how our website performs.
- Understanding who our audience is, so that we can provide content most relevant to you.
Types Of Cookies We Use
We use different types of cookies on our website.
All of these cookies are placed by us for the purpose of essential site functionality.
We do not use third-party plug-ins.
We do not use third-party suppliers nor advertisers, therefore we do no sell or pass your information on.
These cookies may be deleted from your device at different times, such as at the end of your browsing session (when you leave the website) or after a pre-set amount of time, or they may persist on your device until you delete them.
We use the following types of cookies on our website:
- Essential Cookies
- These cookies allow our website to perform its essential functions. Without these cookies, some parts of our websites would stop working.
- Site Analytics Cookies
- These cookies monitor how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.
- Functional Cookies
- These cookies remember who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password or settings.
Deleting Cookies
Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually.
Deleting, or no longer accepting cookies, may prevent you from accessing certain aspects of our website where cookies are necessary or because the website forgot your preferences.
Updates To This Policy
We may occasionally make changes to this policy.
When we make material changes to this policy, we will provide you with a prominent notice on our website or send you an email.
We may notify you in advance.