Terms of service

Terms and conditions of use

1. Introduction
1. This website can be accessed at www.kikuticouture.co.za ("the Website")
2. These Website Terms and Conditions ("Terms") governs the advertising and sale of extensive clothing and shoes ("Products")
3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user ("you" or "your"). By using the Website and/or by clicking on the "Register" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask before you accept the Terms or continue using the Website.
5. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.

1. Important Notice
1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and contain provisions that appear in similar text and style to this clause and which –
1. may limit the risk or liability; and/or
2. may create risk or liability for you; and/or
2. Your attention is drawn to these Terms because they are important and should be carefully noted.
3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for you in terms of the CPA.
   
   
2. Acceptance of these Terms
1. By accessing and/or using the Website, you agree to be bound by the Terms.
2. Kikuti Couture may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.
   
   
3. Content of the Website
1. Whilst every effort is made to update the information provided on the Website on a regular basis, Kikuti Couture makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time.
2. Kikuti Couture reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
   
   
4. Registration and Use of Website
1. Only registered users may purchase Products on the Website
2. Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password ("password") or other unique identifying information.
3. You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.
4. On receipt of such notice from you, Kikuti Couture reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed, and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised
5. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.

1. Orders, confirmation & delivery
1. As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Kikuti Couture cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Kikuti Couture, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to couture@kikuti.co.za
2. Once you have selected the Product you wish to purchase and submitted your order, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "proceed" or "purchase" or similar "final submit" button you are deemed to have submitted an offer to purchase the Product/s selected by you ("order") and the order can be withdrawn by you.
3. Kikuti Couture reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Kikuti Couture to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
4. Please note: A transaction will only be deemed to have been concluded once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process.
5. We reserve the right to withhold approval and / or cancel orders at our sole discretion.
6. Placing Products in your cart without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Kikuti Couture liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
7. Delivery times are estimated times only and we are not liable for any late deliveries.
8. Risk in the products shall pass to you or your authorized representative on delivery.
   
   
2. Performance and availability of Products
1. Kikuti Couture endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Kikuti Couture in these instances.
2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
3. When Products are no longer available Kikuti Couture will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Kikuti Couture will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
   
   
3. Payments
1. We accept payments via credit card and debit card.
2. Debit/Credit card payments:
1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
2. Payment will be effected on acceptance of your order and prior to delivery.
3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
   
   
4. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
1. Full name: Kikuti Couture t/a Rococo Designs
2. Physical address: Stand 1139, Jagluiperds St, The Wilds, Pretorius Park 0081
3. Telephone number: 0828084697
4. Website address: http://www.kikuticouture.co.za
5. E-mail address: couture@kikuti.co.za
6. Company registration number: 2008/076716/23
7. Country of incorporation: South Africa
   
   
5. Returns
1. Please refer to the refunds policy, which sets out our policy regarding returns or exchanges.
2. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.
6. Privacy and Security

All personal information obtained by Kikuti Couture by virtue of your use of this Website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Kikuti Couture to protect information transmitted via the Website are also set out in the privacy and security policy.

Copyright and Intellectual Property Rights

1. Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively "the materials") are owned by Kikuti Couture alternatively, Kikuti Couture is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Kikuti Couture.
2. Where any of the materials has been licensed to Kikuti Couture or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
3. The trademarks, names, logos and service marks (collectively "trademarks") displayed on Website are registered and unregistered trademarks of Kikuti Couture. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Kikuti Couture.

Warranties, Disclaimers and Limitation of Liability

1. Save as set out in the Terms, Kikuti Couture makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website are provided "as is".
2. Neither Kikuti Couture or its employees shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Products. Without limiting the generality of the foregoing, neither Kikuti Couture nor its employees shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the Website.
3. By accessing the Website, you warrant and represent to Kikuti Couture that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Kikuti Couture or that you have obtained legal status in another manner.
4. Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Kikuti Couture, Kikuti Couture shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
5. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that Kikuti Couture will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
6. In addition to the disclaimers contained elsewhere in these Terms, Kikuti Couture also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. Kikuti Couture thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
   
   
1. Use of the Website
   Kikuti Couture does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Kikuti that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.

1. General
1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Kikuti Couture in relation to your use of this Website. No indulgence or extension of time which either you or Kikuti Couture may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
2. Kikuti Couture shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
4. Should Kikuti Couture be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Kikuti Couture is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Kikuti Couture shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
5. For purposes of calculating any time periods GMT +2 shall be used.
6. These Terms and conditions shall apply to all transactions you conclude via this Website.
7. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
8. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Kikuti Couture on delivery/collection of the product or service.
   
   
2. Dispute Resolution
1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
2. All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Kikuti Couture, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
3. That arbitration will be held with only you and Kikuti Couture and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Kikuti Couture. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.