Privacy & Terms
This is a licensing agreement (Agreement) between you ("Licensee") and The Essentials Shop South Afirca. This Agreement is effective when you purchase a product from this shop. This Agreement is controlled by the following terms and conditions:
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.the-essentials-shop.com (the "Site"). Please read both these Terms, my Terms of Use, and this Privacy Policy carefully, which is incorporated into these Terms. By using this Site, you accept and agree to be bound by these Terms.
- ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered.
- PRICES AND PAYMENT TERMS
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- SHIPMENTS; DELIVERY; TITLE & RISK OF LOSS
(a) We will arrange for shipment of the products to you. Please reference your checkout page for specific delivery options. You will pay all shipping charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 30 days of the originally scheduled delivery date. Any decisions regarding whether or not to replace a lost item are within our sole discretion, upon timely notice.
- RETURNS & REFUNDS
We offer no refunds on products due to the nature of the product, except for products arriving damaged or with manufacturing defects. If you receive a product damaged or with manufacturing defects, you must contact us with a photograph of the damage so we may process your replacement. You must contact us within 5 days of receiving the damaged item.
- LIMITATION OF LIABILITY
Besides as otherwise authorized in this Agreement, Licensee agrees to hold The Essentials Shop harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against The Essentials Shop. The Essentials Shop shall not be held liable for any claims by third parties against Licensee.
- MISCELLANEOUS
- Choice of Law - Any claim brought against The Essentials Shop or Licensee under or pertaining to this Agreement shall be governed by South African law.
- Entire Agreement - This Agreement constitutes the entire Agreement between the Parties. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
- Severability - The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
- Indemnity - Except where Licensee has breached this Agreement, The Essentials Shop will indemnify Licensee, including any of Licensee's employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of The Essentials Shop's products, upon prompt notice by Licensee to The Essentials Shop.
In such an event, The Essentials Shop will control the defense of its product. Licensee agrees to indemnify The Essentials Shop, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against The Essentials Shop for infringement of a patent, copyright, other intellectual property or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee.
- EFFECTIVE
This Agreement will become effective when Licensee completes checkout in this shop. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.
- PERSONAL INFORMATION
The Essentials Shop does not, and will not, sell the personal information of our users. The Essentials Shop has never sold the personal information of our users for a business or commercial purpose.