Terms and Conditions

Last Updated: 18 October 2022

1. Definitions and Interpretation

1.1. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.

1.2. “parties” means, collectively, the Company and the Customer and “party” shall mean either one of them.

1.3. “Personal Information” has the meaning given to it in our Privacy Policy.

1.4. “Privacy Policy” means the Company’s privacy policy which can be accessed here.

1.5. “Products” means the products stocked by the Company and/or which are supplied by the Company to the Customer.

1.6. “we”, “us”, “our” or “the Company” means Sandy and Sage (Pty) Limited.

1.7. “Website” means the Company’s Website at https://sandyandsage.com or such other URL as we may choose from time to time.

1.8. “you” or the “Customer” means any person who accessed this Website for any purpose.

2. Agreement by Customer

2.1. By using our Website and/or purchasing something from us, you are deemed to have accepted and be bound by the following terms and conditions (“Terms and Conditions”), including any additional policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of our Website including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these Terms and Conditions, please do not continue to access this Website.

2.2. If you are under the age of 18 years old, you must obtain the consent of your parents or legal guardian(s) to be bound by these Terms and Conditions before using this Website and/or purchasing any Products from us.

3. Basis of Sale and Service

3.1. The Customer is deemed to make an offer to the Company by placing an order for the Product by either completing the relevant information on the Website, or by approaching the Company by other means. The Company is deemed to have accepted the offer only once it has received acceptable proof of receipt of the Customer’s payment.

3.2. By placing the order or signing up on the Website, the Customer grants the Company the right to address marketing material and other correspondence related to the Products to the Customer, including marketing material which reaches the Consumer outside of ordinary office hours. To opt out of receiving such marketing material, the Customer can follow the steps set out in the Company’s Privacy Policy.

3.3. The Company is entitled to cancel an order should circumstances so require and shall only be liable to refund monies already paid by the Customer to the Company in respect of such a cancelled order.

4. The Products

4.1. Illustrations, photographs or descriptions on the Website or in any brochures, price lists or other documents issued by the Company are intended as a guide only and the Customer will be entitled to rely on descriptions or samples of only the specific Products ordered by the Customer.

4.2. The Company reserves the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirements or which do not materially affect their quality or performance.

4.3. If there is an unavoidable delay caused by unforeseen circumstances, including labour stoppage, weather, delays in the Company’s contractors’ operations, interruptions of electricity, etc. or any delays caused by the Customer resulting in a delay in delivery of the Products, the Company will timeously inform the Customer of this delay and will not be guilty of breach of these Terms and Conditions as a result.

4.4. Volumes of the Products sold on the Website are limited. The Company will make all reasonable efforts update the Website and its advertising timeously regarding any Product as soon as stock is no longer available. However, should any Product still be offered after stocks having been sold out, the Company will only be liable to refund monies where it is unable to fulfil orders at advertised prices.

4.5. The Company records that the Customer has not informed it of a particular purpose for which the Products are acquired, or the use to which the Customer intends to apply the Products.

5. Prices and Stock Availability

5.1. The price of the Products shall be the price reflected on the Website current at the date of acceptance of the Customer’s order.

5.2. The Company reserves the right, by giving reasonable notice to the Customer at any time before delivery, to increase the price of the Products to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products which are requested by the Customer, or any delay caused by any instructions by the Customer or failure of the Customer to give the Company adequate information or instructions.

5.3. Except as otherwise stated under the terms of any quotation or the pricing reflected on the Website, all prices are [exclusive / inclusive] of charges for packaging and delivery.

5.4. The price on the website is inclusive of value-added tax.

5.5. [Subject to clause 5.2, all orders carry a flat rate delivery charge of R170. The cost of international deliveries is available upon request. Please email info@sandyandsage.com to obtain a quotation for specific addresses.]

6. Payment

6.1. The time of payment is a material term of these Terms and Conditions. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these Terms and Conditions, then the Company shall not be bound by the transaction.

6.2. All payments shall be made to the Company by using one of the payment mechanisms available on the Website.

6.3. In order to protect the Company’s and the Customers’ interests, the Company scrutinises all transactions very carefully to prevent attempted fraud. A transaction may be refused if the Company is not satisfied with its legitimacy, in which case the Customer will be notified so that where appropriate alternative arrangements can be made for payment.

7. Delivery and Performance

7.1. Subject to availability and receipt of full payment, delivery of the Products shall be made by the Company’s courier to an address specified by the Customer within the Republic of South Africa. [If delivery is required outside the Republic, the Customer is requested to email info@sandyandsage.com and a quotation for the delivery charges will be supplied.]

7.2. The Company or their courier will inform the Customer of the expected delivery time of the order, but the Company will not be liable for any loss caused by a delay for reasons beyond the Company and/or the courier’s control.

7.3. If delivery is not taken by the Customer after a reasonable number of attempts by the courier, the Products will be retained by the Company for a period of [X] weeks, whereafter the Products will be regarded as having been abandoned and the Company will be entitled to deal with the Products as it wishes and for its own account.

8. Risk and Ownership

8.1. Subject to clause 8.2 below, once the Product has been delivered to, or collected by, you, the risk in and ownership in the Product will pass to you as the Customer.

8.2. Notwithstanding delivery of the Product, ownership of the Product shall not pass to the Customer until the Company has received in cash, or cleared funds, payment in full of the price of the Product and any other debt owed by the Customer to the Company.

8.3. The Customer is advised to treat the Product strictly in accordance with any care instructions that the Company may provide to them.

8.4. In the unlikely event of a product recall by the Company, the Customer undertakes to assist the Company in recovering all affected Products.

9. Prohibited Uses

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Website or its content:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, provincial or state regulations, rules, laws, or local ordinances;

• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;

• to collect or track the personal information of others;

• for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

We reserve the right to terminate your use of our Website and/or prevent you from purchasing our Products for violating any of the prohibited uses.

10. Accuracy and Completeness of Information

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11. Changes, Suspension and Termination

11.1. We reserve the right to alter these Terms and Conditions at any time without notice.

11.2. In the event that we materially alter these Terms and Conditions, we shall post a notification on our Website alerting you to the change. The Customer shall be responsible for reviewing such changes each time the Customer accesses the Website. The continued access by the Customer of the Website shall constitute acceptance of the Terms and Conditions, as amended.

11.3. We may alter and/or amend the Website at any time without giving notice to you. Furthermore, we may suspend or terminate the Website at any time without giving notice to you. The Customer acknowledges and accepts that the Website may become unavailable from time to time due to various circumstances, including: technical failure or problems with the Website; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of the Company in which case there shall be no claim whatsoever arising against the Company.

11.4. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services.

11.5. We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these Terms and Conditions. Such termination shall not affect any right or remedy to relief to which the Company may be entitled. Upon termination of the Website or your account, all rights granted to you will terminate and revert to the Company.

11.6. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms and Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website and Products. Such termination shall not affect any right or remedy to relief to which the Company may be entitled.

11.7. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.

12. Warranty

12.1. The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.

12.2. We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these Terms and Conditions.

13. Limitation of Liability and Indemnification

13.1. Whilst every attempt is taken by the Company to ensure your security when making use of this Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

13.2. While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

13.3. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the use of this Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a result of the breach of the confidentiality of such information.

13.4. Use of this Website or the information contained thereon is entirely at the Customer’s own risk and the Customer accepts full responsibility for all risks that may result from the use of the Website. The Company, its directors, employees, partners, agents, suppliers or affiliates shall not be liable to you in contract, delict (including for negligence) or otherwise:

• for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with these Terms and Conditions; or

• for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or

• for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).

13.5. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Intellectual Property

14.1. All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of the Company or its content suppliers and is protected by South African and international intellectual property laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Company and is protected by South African and international intellectual property laws.

14.2. Except as stated herein, none of the material may be copied, reproduced, distributed, published, 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 with the prior written permission of the Company or the copyright owner.

14.3. All trademarks and trade names are and shall remain the exclusive property of the Company.

14.4. The unauthorised submission, use, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

15. Third-Party Websites

15.1. We have no control over and accepts no responsibility for the content available through any third-party websites to which hyperlinks may have been provided.

15.2. Pursuant to clause 15.1, we cannot be held responsible for any possible damage caused regarding publishing, removing or using any third-party link, or relying on any content available via the link.

16. Disclosures Required by the ECTA

Access to our Products, services, content, software and downloads available through our Website may be classified as “electronic transactions” as defined in terms of the ECTA, entitling you to the rights detailed in the ECTA. Accordingly we provide the following information:

• Full Name and Legal Status: Sandy and Sage (Pty) Limited, registration number 2022/285524/07.

• Postal Address: Shop 5, Victoria Mall, Corner of Empire and Victoria Road, Hout Bay, Cape Town, 7806.

• Physical Address: Shop 5, Victoria Mall, Corner of Empire and Victoria Road, Hout Bay, Cape Town, 7806.

• Main Business: [Candice/Sandy to provide description].

• Website Address: https://sandyandsage.com.

• Email Address: info@sandyandsage.com.

• Phone Number: 27 60 697 6697

• Access to and use of our Website is provided free of charge.

17. Governing Law

17.1. The validity of these Terms and Conditions, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of them shall be governed and construed in accordance with the laws of the Republic of South Africa.

17.2. This clause 17 is severable from the rest of this Agreement and shall remain in full force and effect notwithstanding any termination or cancellation of this Agreement, or any part thereof.

18. General

18.1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

18.2. These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the provision of our Products constitutes the entire agreement and understanding between you and us and govern your use of this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

18.3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

18.4. The Customer shall not be entitled to cede, assign, transfer, make over or encumber any of its rights or obligations in terms of these Terms and Conditions without the prior written consent of the Company.

18.5. The Company undertakes to perform its services in a reasonably competent manner and undertakes that any Products leaving its premises are of a reasonable standard. Should any defect be found in a Product that is not caused by an act or omission on the part of the Customer and which is not covered by any indemnity, then the affected Product will be replaced or repaired free of charge at the Company’s sole discretion.

18.6. All provisions of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms and Conditions which is or becomes unenforceable in any jurisdiction in which it applies or in which its enforcement is sought, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, only to the extent that it is so unenforceable, be treated as having not been written and severed from the balance of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain of full force and effect.

19. Personal Information

Your submission of Personal information through the Website is governed by our Privacy Policy, which can be accessed here: Privacy Policy.

20. Returns

The return of any Products that you may have purchased is governed by our Returns Policy, which can be accessed here: Returns Policy.

21. Queries or Complaints

If you have any queries or complaints about these Terms and Conditions and/or the Website, please contact us by emailing info@sandyandsage.com or by calling us on the following number +27 60 697 6697.