These Terms and Conditions govern the use, ordering, sale, payment and delivery of Goods and Services on this Website.
These Terms and Conditions are binding and enforceable upon every person that uses or accesses this Website.
By using this Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
This Website enables you to shop online for a range of Goods and Service, and may provide additional information.
Conditions of sale
Prices quoted are net and displays in the shop without VAT as Jollification is not a VAT vendor as defined in South Africa.
Prices are subject to change without prior notice.
Sales prices indicated already include discounts if applicable.
Availability of our standard stock items is subject to prior sale conditions. Purchases are only concluded once a purchase order has been generated, payment received and cleared by our bank. Out of stock or non-stocked items are subject to manufacturing and/or shipping lead times. Any lead times provided are only estimates, based on manufacturer and shipping information available at the time.
Personalised items require additional manufacturing time which depend on the size of the order.
All product information, product features, technical information, recommendations and/or statements on this website are based on information that is believed to be reliable. However, its accuracy and completeness cannot be guaranteed. The purchaser needs to determine the suitability of the product for their particular purpose and assumes all risk and liability in connection therewith.
Payments
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology via our payment processor, Yoco.
Payment can be made using any of the payment options provided for on the payment page. We only accept payment in South African Rand.
When paying via credit or debit card you declare that you are authorised to use the card to facilitate transactions. You declare that your payment method has sufficient funds available to cover all costs related to your transactions with us. Payments made by card may require additional information from the purchaser.
We are entitled to withhold delivery on any purchase transaction until such a time that we are satisfied that payment was received in good order.
We are entitled to cancel any order placed for which payment is not received within 120 minutes of placing the order.
Shipping and Delivery of Goods
Please refer to our Shipping Policy for full details.
Our obligation to deliver a product to you is fulfilled when we deliver the product via courier to the physical address nominated by you for shipment of the order. Deliveries shall only be made to physical addresses.
We are not responsible for any loss caused by unauthorised use of a product, after the product has been delivered to the physical address nominated by you.
Returns
Please refer to our Returns Policy for more information about returning products.
The Returns Policy is incorporated by reference and thus forms part of these Terms and Conditions.
Notice
These Terms and Conditions apply to persons who are consumers for purposes of the Consumer Protection Act, 68 of 2008, the “CPA” and to any person that electronically transact via this website in line with the Electronic Communications and Transactions Act, 25 of 2002.
These Terms and Conditions contain provisions that and which:
may limit our risk or liability; and/or
may create risk or liability for the client; and/or
may compel the client to indemnify Jollification; and/or
serves as an acknowledgement, by the client, of a fact.
You should carefully study these Terms and Conditions.
You are required to request clarification on any aspect of these Terms and Conditions that is not clear to you before you continue to make use of this website. By making use of this website, you acknowledge your acceptance of the provisions of these Terms and Conditions. Refrain from using this website if you do not agree to these Terms and Conditions.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the client or Jollification in terms of the CPA.
You, the client, may use this website subject to these Terms and Conditions.
Registration
You need to be a registered user to transact with our website.
You must provide a unique username, password and other information to register as a user on our website.
You agree that your username and password shall be used by you only and that you will not disclose it for use by anybody else.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Jollification immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful in any way.
Use of website
Jollification herewith provides consent, which may be revoked at any time without notice, for you to use this website in the process to procure goods and services from Jollification.
You may only use this website in line with these terms and conditions, which you accept by your action to make use of this website.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and shipping charges of Goods and Services on this website. However, should there be any errors of whatsoever nature on the website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save in the case of any incorrect purchase price, to the extent of refunding you for any amount already paid, or otherwise as set out in our Returns Policy.
Privacy Policy
We respect your privacy and will take reasonable measures to protect it. Please see our Privacy Policy for more details.
Jollification undertakes never to sell or disclose your personal information to any third party, unless obligated to do so by law. In the event of fraudulent online transactions, Jollification is entitled to disclose information required for investigative purposes.
Reviews
Jollification may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you comply with the updated requirements. If you do not accept the updated Terms and Conditions you must refrain from any further use of this website.
If you use this website after the amendment and publication of the amended Terms and Conditions on this website, you will be deemed to have accepted such changes and amendments.
Ownership
The contents of the Website are protected by law and you may not use any of the content without the express written consent of Jollification.
You will not acquire any right, title or interest in or to the Website or the Content.
Any use, distribution or reproduction of the Website Content is prohibited, unless expressly authorised in writing.
Copyright
The contents of the Website are protected by law and copyright is vested in Jollification.
The rights of any third party whose information is displayed on this website, like, but not restricted to logo’s, brand names, etc, vests with such a third party.
Disclaimer
The use of this Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
While Jollification takes reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness and/or reliability of any information on this Website. If any such representations or warranties are made by any of our representatives, we shall not be bound thereby.
Jollification disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of this Website and/or any content therein unless otherwise provided for by law.
Any views or statements made or expressed on this Website are not necessarily the views of Jollification, its shareholders, directors, members, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Jollification also makes no warranty or representation, whether express or implied, that the information, data 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 Jollification, its employees, agents or authorised representatives. Jollification thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of this Website.
Liability
Jollification cannot be held liable for any inaccurate information published on this Website and/or any incorrect prices displayed on this Website, save where such liability arises from the gross negligence or wilful misconduct of Jollification, its employees. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@Jollification.co.za
Jollification shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, this website or the content contained in the website or your inability to use this website, and/or unlawful activity on this website.
You hereby indemnify Jollification against any loss, damage or claim which may be suffered by yourself or any other party arising in any way from your use of this website.
Availability
We will use reasonable endeavours to maintain the availability of this Website, save during scheduled maintenance periods, and we are entitled to discontinue providing this Website or any part thereof without any notice to you.
Jollification may in its sole discretion terminate, suspend and modify this Website, without notice to you. You agree that Jollification will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may, in our sole discretion with or without notice to you, lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Jollification is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing this Website, to blacklist you on its database, including suspending or terminating your access to this Website, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Jollification, in whole or in part, on notice to you. Jollification shall only be liable to refund monies already paid by you in line with our Returns Policy, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Jollification.
Termination
With your acceptance of these terms and conditions, you unconditionally agree that Jollification may, solely by its own discretion, terminate your access to this website without prior notice.
You may terminate your access to this website by refraining to log in to the website and by forwarding an email to the contact email address, requesting that your account be terminated. Upon such a request your access will be revoked and your information will be removed from the website, except for information that is required by law to be retained for a specific period.
Governing Law and Jurisdiction
These Terms and Conditions and any relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Jollification, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or anywhere else in the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
General
Jollification 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 Jollification 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.
No indulgence, extension of time, relaxation or latitude which any party may grant or allow the other party shall constitute a waiver of any rights of such a party, which may have arisen in the past or which might arise in the future.
These Terms and Conditions, including any other policies on this website, contain the whole agreement between you and Jollification and no other warranty or undertaking is valid, unless contained in this document.
