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Terms of Use

TERMS AND CONDITIONS IN RESPECT OF THE USE OF THE WEBSITE OF SK TEXTILES INTERNATIONAL (PTY) LTD

Table of Contents

GENERAL
INTRODUCTION
YOUR ACCOUNT
YOUR PERSONAL INFORMATION
PRODUCTS, PRODUCT SALES AND AVAILABILITY
PRICING
ORDERS AND PAYMENT
DELIVERY
RISK AND OWNERSHIP
CANCELLATIONS, RETURNS AND REFUNDS
COOLING-OFF
INTELLECTUAL PROPERTY
USE OF THE SITE
ADVERTISING AND LINKS
DISCLAIMERS, INDEMNITIES AND EXCLUSIONS OF LIABILITY
DISPUTES
UPDATED TO OUR TERMS AND CONDITIONS
OUR INFORMATION
GENERAL

1. GENERAL

These Terms and conditions (“Terms“) and the Privacy Policy accessible at www.sktextiles.co.za (hereafter “our website / the Site”) will be applicable to your use of and access to the site (as defined in Clause 2 below).
These Terms and the Privacy Policy contain exclusions and limitations of the liability of SK Textiles and imposes legal obligations on you as the user of our website.
By accessing and/or using the site you indicate your acceptance of and agreement to these Terms and the Terms set out in the Privacy Policy.
Should you not agree to these Terms, please refrain from accessing and/or using the site or any content, data or information displayed or made available on it.
It is your obligation as the user to read these Terms carefully, especially the provisions of paragraphs 4, 8, 13 and 14 and all text stated in bold print.
It is suggested that you print a copy of these Terms and the Privacy Policy and keep them for your records.

2. INTRODUCTION

The Site is owned and operated by SK Textiles International (Pty) Ltd (“SK Textiles”). SK Textiles is a company incorporated in the Republic of South Africa under registration number 2019/173536/07 and shall, for purposes of these Terms be referred to as “we” or “us” or “our”.
Unless expressly indicated otherwise, we are the seller of the products offered for sale on the Site (“Products“).
These Terms and the Privacy Policy are applicable to you if you access, visit (browse) the Site or purchase Products from the Site and constitutes a legally binding contract between you and us.
Your continued use of the Site will signify that you have read, understood and accepted the Terms and the Privacy Policy.
If you do not wish to be bound by the Terms and the Privacy Policy, you must immediately discontinue use of the Site.

3. YOUR ACCOUNT

Before you will be able to purchase Products via the Site, you will be required to create an online account (“Account“).
As part of the process of setting up an Account, you will be required to select and set up a username and password and signify your agreement to these Terms and the Privacy Policy by ticking the ‘Agree’ box.
You are solely responsible for maintaining the confidentiality of the log-in details for your Account in order to prevent unauthorised access to your Account.

4. YOUR PERSONAL INFORMATION

Any Personal Information (as defined in the Privacy Policy) you provide to us may be collected, stored and/or processed by us as described and detailed in the Privacy Policy.

5. PRODUCTS, PRODUCT SALES AND AVAILABILITY

We do not guarantee the availability of Products. As such, all Products are subject to availability.
Placing a Product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such Product, and as such, we may remove such Product from the shopping basket if stock becomes unavailable.
In the event that Products are not purchased, you may not hold us liable if such Product is unavailable when the purchase cycle is completed at a later stage.
We reserve the right to vary the exact specifications of Products without prior notice to you. We shall however not vary the specifications of any Products which form part of orders already placed by you at the time of such variation.
All reasonable steps have been taken to ensure the accuracy of images or visual reproductions of Products. To this end, please note that the device used by you to access the Site may impact the manner in which Products are displayed on your screen.
We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) in respect of the purchase of any Products.

6. PRICING

You will be charged the prices for Products as listed on the Site (“Listed Prices“) which prices shall be quoted in South African Rand and shall include Value Added Tax (“VAT”).

7. ORDERS AND PAYMENT

Orders placed by you constitute offers to purchase the Products.
Upon receipt of your order, we will confirm our acceptance of such offers within 1 business day via email, text message or other written medium (“Order Confirmation“).
You will be able access all the details relating to your orders by logging into your Account.
It is solely your obligation to ensure that you are satisfied with the contents of the Order Confirmation and you are responsible for correcting any mistakes or to cancel the order.
You will be responsible for ensuring that the mistakes on the Order is amended / cancelled before the Product is dispatched to you.
If you correct any mistakes, we will confirm such correction by sending you an updated Order Confirmation.
When placing orders, you warrant that:
you are over the age of eighteen (18); and
you are authorised to use the credit card and / or bank account from which funds are being transferred.
Payment for the Products ordered must be made via credit card (Visa, MasterCard, Diners Club or American Express) and all payments are secured using industry standard online security and encryption technology.
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled.
We reserve the right to carry out certain fraud checks in respect of the cardholder or the cardholder’s bank. Should the validity of the transaction not be verified, the transaction the order will be cancelled.

8. DELIVERY

We reserve the right to charge a reasonable fee for the delivery of orders to you. The total cost of delivery will be confirmed and detailed in the Order Confirmation.
Deliveries shall only made to valid addresses within South Africa and shall be made on business days during normal business hours (Monday to Friday 08:00 – 17:00).
All orders placed on weekends / public holidays will be processed on the following business day.
You or a person authorised to accept delivery on your behalf, must be available during normal business hours at the delivery address specified in the Order Confirmation (“Delivery Address“).
Any person accepting delivery of the Products may be required to produce a form of identification to the satisfaction of the particular delivery service tasked with delivering the Product to you.
We reserve the right to charge an additional delivery fee should we be required to repeat a delivery and / or if no one accepts delivery of the Products at the Delivery Address during the aforesaid time periods.

9. RISK AND OWNERSHIP

Risk in the Products shall pass to you upon delivery of the Product at the Delivery Address.
Until we receive full payment in cleared funds for the Products ordered, ownership in the Products shall remain with us.

10. CANCELLATIONS, RETURNS AND REFUNDS

If we are unable to deliver your order within 30 days of your receipt of an (updated) Order Confirmation, we will notify you in writing and you will be entitled to a full refund within 30 days of your receipt of such written notification.
If you are classified as a consumer in terms of the Consumer Protection Act 68 of 2008 (“CPA”) and any Products delivered by us are not of the type and quality or description specified on the Site, you may, within 10 business days of delivery, return these Products in exchange for a full refund.
If you are a consumer in terms of the CPA and you received any Products which:
contain any defects, failures, hazards or are otherwise unsafe (as defined in Section 53 of the CPA); and/or
do not comply with Sections 55 and 56 of the CPA (for example, they are not defect-free of a good quality or reasonably suitable for the purpose for which they are generally intended), you may decide, within 6 months from the date of delivery, to return these Products to us, or have them replaced or repaired by us, at our risk and expense and without penalty.
You shall only be entitled to a refund as aforesaid in the event that the Product is still in the condition in which it was delivered to you, which shall include but not be limited to being returned in the original packaging, together with any and all decals, tags and / or labels still being in place.

11. COOLING-OFF

You will be entitled to cancel your order, without reason and without penalty in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA“):
within 7 days after your receipt of the Products; or
within 7 days of your receipt of an (updated) Order Confirmation.
You will be required to pay the direct cost of returning the Products to us if returned in terms of this Clause 11;
If you cancel the order in terms of this Clause 11, you will be entitled to a full refund, which we will pay within 30 days of the date of cancellation.

12. INTELLECTUAL PROPERTY

All intellectual property in relation to the Site, which includes trademarks and copyright in the content and material on this Site (such as text, logos, graphics, images, icons, data, databases and designs), is owned by us, or has been licensed to us.
Such intellectual property is protected from infringement, and may not be copied, reproduced, published, or used in any way without our express written consent (or the consent of the copyright or trademark owner).
As such, any intellectual property rights not expressly granted are reserved by us.

13. USE OF THE SITE

You may not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site or our Services.
You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
Subject to the further provisions of these Terms, the Site and its content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Site or its content.
This Site may only be used by you for personal and non-commercial purposes.
We grant you a limited licence to copy and use content and material on the Site for the sole purpose of obtaining information about us, the brands of the Products and other Products. Any other use of the content and materials on the Site is prohibited and will amount to infringement of our intellectual property rights.
Subject to the further provisions of these Terms, you are not allowed to:
frame, modify, distribute, commercialise, exploit and/or alter the Site or its content;
incorporate any part of the Site’s content in any other work or publication; and/or
perform any other act which may not be considered fair use.
You are permitted to create a hyperlink to the home page of the Site so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. To this end you agree to ensure that any hyperlink to the home page of the Site is clearly visible.

14. ADVERTISING AND LINKS

Any hyperlinks on the Site to the external websites of third parties should not be seen as reflective of any commercial relationships between our business and those linked third parties. We do not endorse or sponsor any linked third parties or their websites and your use of any such websites will be entirely at your own risk.

15. DISCLAIMERS, INDEMNITIES AND EXCLUSIONS OF LIABILITY

Nothing contained in these Terms and/or the Privacy Policy should be understood as a limitation, restriction or exclusion of your rights; or our liability (including liability for gross negligence) in terms of any applicable law, including the CPA, POPIA and / or ECTA.
To the extent permitted by law, we cannot be held liable for any direct or indirect, incidental or consequential damage or loss arising from the use of, or inability to use, the Site.
We make no representations or warranties, implied or otherwise, that –
1. access to the Site will be uninterrupted; and
2. the Site’s transmission, content and technology is error-free, fully effective, secure and/or free from any viruses or other harmful components.
We have not specifically created or designed any individual Products for you in an attempt to meet your unique requirements, needs or purposes (none of which have been communicated by you to us).
You must satisfy yourself that the Products you order are likely to be reasonably suitable for the general purpose(s) for which they are intended.

16. DISPUTES

In the event of any dispute between you and us regarding any matter arising out of these Terms and/or the Privacy Policy are not resolved through consultation with us, the dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa, which may be accessed by clicking on the following link: http://www.arbitration.co.za/downloads/expedited_rules.pdf

17. UPDATES TO TERMS AND/OR PRIVACY POLICY

We may update, amend or vary these Terms and/or the Privacy Policy and will notify you of such changes.
You must explicitly accept and agree to the updated Terms and/or Privacy Policy if you wish to continue using your Account and/or purchasing Products.
If you do not accept the updated Terms and/or Privacy Policy, you must stop using your Account and refrain from purchasing any Products on our Site.

18. OUR INFORMATION

In terms of Section 43 of the ECTA, we are obligated to make certain information available to you.
Our information is as follows:
1. 1. Full business name and legal status: SK Textiles International Proprietary Limited.
  2. Registration number and place of registration: Registered in South Africa under registration number 2019/173536/07.
  3. Main business: Textile wholesaler and retailer.
  4. Physical address and telephone number: 22 Glosderry Road, Claremont, Cape Town, Western Cape, 7708.
  5. Address for receipt of legal service: 22 Glosderry Road, Claremont, Cape Town, Western Cape, 7708.
  6. Telephone number 021 247 8700.
  7. Office bearers: Christi Wiechers, Johan Prinsloo
  8. Webmaster: Christi Wiechers
  9. Website address: www.sktextiles.co.za
  10. Official email address: info@sktextiles.co.za

19. GENERAL

The Terms and the Privacy Policy are governed by the laws of the Republic of South Africa.
If any provision of these Terms or the Privacy Policy are unlawful, void or unenforceable for any reason, then those provisions may be severed and shall not affect the validity and enforceability of the remaining provisions of the Terms or Privacy Policy.
These Terms and the Privacy Policy constitute the whole agreement between us, and no representation / undertaking not contained in these Terms shall be of any force and effect against either of the parties.
Any indulgence or leniency granted to you by us shall not be interpreted as a waiver and / or variation of any of our rights or remedies as contained in these Terms.