Pet Spaza Terms of Service

These Terms of Service (“Terms”) are effective as of: 13 April 2019

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

  1. Introduction

    1. The website https://www.petspaza.co.za (“the Website”) is operated by Pet Spaza (Pty) Ltd (bearing registration number: 2018/212242/07) (hereinafter referred to as “Pet Spaza”, “we”, “our” or “us”). The Terms herein are entered into by and between Pet Spaza and the User. Any reference to “Pet Spaza”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
    2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
    3. Accessing and/or use of the Website after the 13 April 2019 will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
    4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. We will also endeavour to advise Users of any changes via email prior to such changes taking place. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website

  2. Terminology

    1. “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services offered by us;
    2. “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa and which shall be between the hours of 09h00 – 17h00;
    3. “Cart” shall mean the User’s Cart on the Website in which it stores purchases prior to payment being made;
    4. “Goods” shall mean the goods as made available to a User for purchase on the Website;
    5. “Log in Details” shall mean the User’s unique username and password used to access the Services;
    6. “Party” or “Parties” shall mean Pet Spaza and/or or the User as the context implies;
    7. “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
    8. “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable it to use the Services and thus make the transition from a Browser to a User;
    9. “Services” shall refer to the Services provided by us to the User as set out in clause 4 below;
    10. “Terms” shall mean these Terms of Service as read together with the Privacy Policy; and
    11. “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.
    12. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

  3. Your agreement to these Terms

    1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

  4. Description of our Services

    1. The Website enables you to shop for and purchase an extensive range of Goods relating to pets.

  5. Registration Process

    1. Only Users may order and purchase Goods through the Website.
    2. In order to register as a User you will, through the Registration Process, be prompted to provide Log in Details as well as submit certain Personal Information such as:
      1. name and surname;
      2. identity number;
      3. email address;
      4. physical address;
      5. cell phone number; and
      6. IP Address.
    3. The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy.
    4. Each time a User wishes to make use of the Services, the User shall be required to log into the Website using Log in Details.
    5. In the event of a User being of the view that its Log in Details are being used by someone else, please contact us immediately at queries@petspaza.co.za.

  6. Implementation of the Services

    1. When a User wishes to make a purchase, the User shall log onto the Website using its Log in Details and browse through the selection of Goods available for purchase, clicking on each of the Goods that it would like to purchase.
    2. These Goods together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total.
    3. Prior to the purchase being finalised, a User shall view the Cart and either accept all of the Goods reflected therein, or edit same by removing one or more of the Goods.
    4. In the event of the total purchase price being more than R600.00 (six hundred Rand), delivery of the Goods shall be attended to at no extra charge to a User. Should the total purchase price be less than R600.00 (six hundred Rand) the User still has the election to have the Goods delivered to it however this will attract an additional cost which will be quoted for separately and which the User may elect to accept or reject. (Excluding 25 KG’s Dog Food)
    5. Once the User is satisfied that the Cart reflects all of the Goods that it wishes to purchase, it shall be prompted to proceed to payment.

  7. Price of the Goods

    1. The price of the Goods shall be as reflected on the Website.
    2. The prices of Goods reflected on the Website are inclusive of VAT.
    3. In the event of one or more of the Goods being marked down, either as a result of a sale, as a stock clearance or for any other reason, the original price shall be reflected with a line through it, with the marked-down price being recorded below. The marked down price will be the price carried over into the User’s Cart.

  8. Payment

    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment may be made in one of the following manners:
      1. Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
    3. Once you have selected your payment method (save for Bank Transfer), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
    4. Goods will only be released for delivery or collection once payment has been received into our banking account.

  9. Inability to fulfil an order

    1. In the event that one or more of the Goods purchased by a User transpire to be either temporarily out of stock, or discontinued by the manufacturer and Pet Spaza being able to fulfil an order in the future or at all, then depending on the situation one of the following shall occur:
      1. Goods temporarily out of stock:
        1. Pet Spaza will bring this to a User’s attention as soon as it becomes aware of the situation. Pet Spaza will also inform the User of the anticipated extended delivery period in respect of such Goods. The User will have the election to either wait for the delivery of the Goods which are out of stock; swap these Goods out for alternative Goods which are available, with any additional cost (if any) to be paid by the User; receive a refund in respect of the Goods currently out of stock only (which will not be extended to any other Goods included on the same order and readily available).
        2. In the event of a refund, such refund shall be paid into the same account from which the original payment emanated. The refund and/or credit shall not be extended to cover any other Goods included on the same order and which are readily available. Only if all of the Goods purchased in one order are temporarily out of stock, and the User electing the refund option, will the courier fees paid by User be refunded to the User.
      2. Goods permanently discontinued by the manufacturer –
        1. Pet Spaza will bring this to a User’s attention as soon as it becomes aware of the situation. The User will have the election to swap these Goods out for alternative Goods which are available, with any additional cost (if any) to be paid by the User; receive a refund in respect of the Goods currently out of stock only (which will not be extended to any other Goods included on the same order and readily available).
        2. In the event of a refund, such refund shall be paid into the same account from which the original payment emanated. The refund and/or credit shall not be extended to cover any other Goods included on the same order and which are readily available. Only if all of the Goods purchased in one order have been discontinued by the manufacturer, and the User electing the refund option, will the courier fees paid by User be refunded to the User.

  10. Delivery of Goods

    1. We offer 2 (two) methods of delivery of Goods. You may elect either self-collection or delivery by courier.
    2. Self-Collection:
      1. This option may be utilised by a User irrespective of the total cost of the Goods, and no additional charge shall be levied in this regard.
      2. This option shall be available to Users within the province of Gauteng. Goods may be collected from our premises, the address and GPS coordinates of which shall be emailed to a User once payment is reflecting in our bank account.
      3. The collection times and days for self-collection shall be provided to the User in the same email.
      4. Should the Goods not be collected within 48 hours of the email having been transmitted to the User a follow up email shall be sent.
      5. In the event of the Goods still not having been collected within an additional 3 (three) days (unless an alternative arrangement is made between us and the User) the Goods shall be reabsorbed into our stock and the User shall be refunded the amount paid in respect of the Goods.
    3. Courier:
      1. In the event that the total order for the Goods exceeds R600.00 (six hundred Rand) this method of delivery shall be rendered free of charge. (Excluding 25 KG’s Dog Food) Should the total order be less than R600.00 (six hundred Rand) this method of deliver will attract an additional charge and only be provided at the request of the User with payment being included in the total price. The terms set out in this Section C shall be applicable to both free delivery and paid delivery.
      2. The courier company utilised shall be one of our election.
      3. The Goods shall be delivered to the User at the address selected during the payment process, on a Business Day.
      4. Should there be no-one available to accept the Goods the courier will on the second attempt contact the User on the telephone number provided and/or leave a written note for the User requesting that the User contact the courier.
      5. The courier shall thereafter attempt to deliver the Goods a third and final time. If delivery is still not successful, it shall be incumbent on the User to contact us either telephonically or via e-mail within 5 (five) Business Days of having received a phone call or a written note from the courier to make alternate arrangements for delivery.
      6. If no contact is made by the User after this 5 (five) Business Day period has elapsed, then the Goods shall be returned to us and we shall attempt to make alternative arrangements for delivery with you, which shall be for your own cost, failing which the Goods shall be reabsorbed into our stock and the User shall be refunded the amount paid in respect of the Goods less any unnecessary courier fees.
    4. Our obligation to provide the Goods to you is fulfilled when we deliver or you collect the Goods. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.

  11. Refund / Return Policy

    1. If you are not completely satisfied with your purchase you may return the Goods to us and we will replace and/or repair same or refund to you the amount paid in respect of such Goods.
    2. To ensure that your request in respect of a refund or return is processed expeditiously, we require that you:
      1. Email us on queries@petspaza.co.za advising as to why you require a refund or replacement, to which query you shall receive a reference number.
      2. Package the Goods safely and securely for protection during transit.
      3. Clearly mark your return reference number on the outside of the parcel; and if applicable
      4. Include all accessories and parts that were sold with the Goods.
    3. Failure to adhere to any of the above requirements could delay the processing of your request or result in its decline altogether.
    4. The Goods shall be collected from your address by a courier at your cost.

  12. Warranties by the User

    1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible by logging on to the Website and editing its Personal Information through the “edit information” tab. Prior to the change being effected by us an email or SMS will be sent to the User requesting confirmation that it is in fact the User who is editing the Personal Information.
    2. The User further warrants that when registering on the Website it:
      1. is not impersonating any person; and
      2. is not violating any applicable law regarding use of personal or identification information.
    3. Further and insofar as the Registration Process is concerned, the User warrants that the Log in Details shall:
      1. be used for personal use only; and
      2. not be disclosed by a User to any third party.
    4. For security purposes the User agrees to enter the correct Log in Details whenever purchasing Goods, failing which access will be denied.
    5. The User agrees that, once the correct Log in Details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of such Goods purchased.

  13. Warranties by Pet Spaza

    1. We make no representation or warranty (express or implied) that the Website or Services will:
      1. meet a User’s needs;
      2. be accessible at all times;
      3. be accurate, complete or current; or
      4. be free from viruses.
    2. Subject to any express terms, Pet Spaza makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
    3. Except for any express warranties in these Terms the Services are provided “as is”. Pet Spaza makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
    4. Pet Spaza does not warrant that the use of the Website will be uninterrupted or error free, nor does Pet Spaza warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
    5. Pet Spaza shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Pet Spaza. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

  14. Protection of Personal Information

    1. We undertake as far as is possible, to protect each User’s Personal Information in accordance with its Privacy Policy, and not provide same to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms.

  15. Unauthorised use of the Website or email addresses as provided by us

    1. A User may not use the Website for any objectionable or unlawful purpose.
    2. A User is not able to upload any information onto the Website save for the Personal Information as required when completing the Registration Process.
    3. A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
    4. A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
    5. A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
    6. A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
    7. A User may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
    8. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

  16. Links to other Websites

    1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

  17. Limitation of Liability and Indemnity

    1. The Website shall be used entirely at a User’s own risk.
    2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
    3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
    4. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
    5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
    6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
    7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

  18. Copyright

    1. Pet Spaza and the contents of the Website are the property Pet Spaza, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
    2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
    3. Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
    4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
    5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Pet Spaza.

  19. Intellectual Property

    1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
    2. We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

  20. Miscellaneous

    1. Assignment and novation:
      1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.
    2. Force Majeure:
      1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
      2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
    3. General:
      1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
      2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
    4. Severance:
      1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
    5. Domicilium Citandi Et Executandi and Contact Information:
      1. The User and Pet Spaza choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
        1. Pet Spaza (Pty) Ltd
          19 Heidelberg Road, Kliprivier
          Garthdale, Gauteng
          1871
          Email: info@petspaza.co.za
        2. User:
          The address as provided when registering on the Website.
      2. Both the User and Pet Spaza may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
        1. All notices to be given in terms of these Terms will:
        2. be given in writing;
        3. be delivered or sent by email; and
        4. be presumed to have been received on the date of delivery.
      3. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

  21. Force Majeure

    1. These Terms have been custom created for Pet Spaza by the good folks at Legal Legends.