Terms & Conditions

TERMS AND CONDITIONS

Please read these terms and conditions carefully.

Who we are

• Physical address: 101 Wood Road, Durban, KwaZulu Natal, South Africa

• Phone number:079 5644325

Acceptance of these Terms and Conditions

• All purchases and interactions with this website [www.letspretend.co.za] are governed by these Terms and Conditions. These Terms and Conditions apply to all users who register online (by clicking ‘register now’) so please read them carefully.
• As laws and circumstances change we will update these Terms and Conditions. Our agreement with you, our customer, will be governed by the Terms and Conditions that existed at the time of each transaction.

Registration on the Website and Security

• You can only buy goods if you are registered on the Website. You must use a unique username and password to register and you agree not to provide these details to anyone else.
• You agree that we can rely on any instruction using your username and password – even if there has been fraud involved – unless you let us know that there was a problem (a security breach).
• Please tell us IMMEDIATELY if you have any reason to suspect that your security (including your username and password, but also your cell phone or email address etc) has been breached. You can do this by contacting us using the information in clause 1 above.
• You agree not to use any device or software to interfere with the security of the website.

Conclusion of Sales

• Only registered users can place orders which can be rejected by us.
• Our acceptance of your order only comes into effect when the goods are delivered to you and not before. If – for any reason – the goods are not delivered then the agreement does not come into effect and we will refund you any payment you have already made as soon as we can.
• You can cancel the transaction at any time up until you receive the goods (i.e. they are delivered to the address you chose).

Availability of stock

• We make reasonable efforts to monitor and maintain accurate stock levels, but it is possible that we will no longer have the goods that you ordered. If this happens then we will let you know as soon as we can and we will refund any money you have paid.

Payment and Shipping

• We have created a policy on Payment and Shipping which is available here [https://www.letspretend.co.za/products/pages/shipp...]. Please read it carefully.

Errors

• Error in price

• In goods

Children

• This website is not designed to be used by children.
• We may collect information about children in order to fulfil your order but we do not use the personal information of children in any way other than to deliver the correct goods to you.

Electronic communications

• We prefer sending and receiving electronic communications so please contact us using the website, social media or by means of email. Alternatively you can WhatsApp us.
• All electronic communications like this are considered to be ‘in writing’ in terms of the Electronic Communications and Transactions Act no. 25 of 2002 (ECT Act).
• Any order you make using your username and password are also considered to be ‘signed’ by an electronic signature in terms of the ECT Act.

Ownership and copyright

• The contents of the Website (this includes images, text, data, trade marks etc) are protected by copyright and either belong to us or to third party advertisers.
• You do not acquire any rights to the Website content and you agree not to reproduce, distribute, broadcast or adapt the content except with our specific written permission.
• You can ask us for permission by using our contact details.

Social media and Content

• You agree not to submit any content or information which is defamatory, offensive, contains or amounts to hate speech, breaches our or a third parties intellectual property rights or is illegal. You also indemnify us from any damages we may suffer if you breach this clause. If you are unsure whether you are allowed to submit the content then please ask us first!
• Provided the comments are truthful and fair you can post both negative and positive comments about us and our goods and services on social media. If you have a criticism or you are unhappy with our goods or services we would really appreciate it if you would give us a chance to sort out the problem before you post anything on social media. We reserve the right to reply to any comments you make on social media.

Disclaimer and Limitation of Liability

• We will not be liable for any indirect, incidental, special or consequential loss which you or your agents or employees suffer as a result of the goods or services, unless otherwise provided by law.
• Unless it was done deliberately or as a result of gross negligence, we will not be liable for hacking / breach of security that you suffer which includes the use by a third party of ransomware, spyware and other destructive computer code.

Website Availability

• While we try to make the website available all the time we may be forced to suspend it for a number of reasons including scheduled maintenance, responding to security breaches and due to other circumstances beyond our control (like electricity blackouts or Internet problems). We make no warranty that the Website will be constantly available and we reserve the right to suspend the Website - without notice to you - at any point and at our sole discretion.
• In addition, we may suspend your access to the Website if you breach these terms and conditions or if you are reasonably suspected of breaching these terms and conditions. If we do this we will provide written notice to you that we have done this and the reason for your suspension.

Privacy Policy

• In terms of the Protection of Personal Information Act no. 4 of 2013 we are governed by our Privacy Policy which is available at [insert Privacy Notice URL]. Please read this carefully to know what your rights and our obligations are regarding your personal information.

Warranties

• Any warranty that we make regarding the goods and services is generally attached to that specific good or service on the Website. Aside from those warranties and any warranties that are mandated by the Consumer Protection Act no. 68 of 2008 (see Part H (sections 53 to 61) of the Consumer Protection Act) we make no additional warranties regarding the goods or services.
• In particular we have instructed our employees not to provide any oral (on the telephone or in person) warranties and to rather provide all warranties in writing. If you require a warranty for a particular good or service, please ask our agent or employee to put it in writing and send it to you for it to be binding on us.

Termination

• Either of us can terminate this agreement by providing the other party with 30 calendar days’ notice to the other.
• Either of us can terminate this agreement with 5 calendar days’ written notice if the other party breached these Terms and Conditions.
• Even if this agreement is terminated, the clauses of this agreement will apply to any transaction which was concluded before this agreement was terminated. In addition, there will be some clauses, such as intellectual property and privacy policy, that will remain in force even after this agreement has been terminated.

Governing Law

• This Website and our products and services are governed by the laws of South Africa.

Notices

General

• Neither of us will be responsible for any failure to act or to comply with a provision of these Terms and Conditions or the terms of a particular transaction if either of us is prevented from complying by an act beyond our reasonable control (otherwise known as ‘force majeure’). This includes events like strikes, riots, earthquakes as well as other events like lockdowns due to a pandemic or changes to laws which affect our relationship or a particular transaction. If this type of event happens then neither party will be liable to the other for any damages the one may suffer due to force majeure.