Terms and Conditions

INTRODUCTION

“The Company” means KARANGA EMPORIUM BY TSITSI MPOFU (Pty) Ltd, a private company duly registered in terms of the Companies Act 71 of 2008 with the Companies and Intellectual Property Commission under registration number 2018/303432/07, with its principal place of business at 2140 Voltaire Drive, Dainfern Valley, Fourways 2191.
The Company operates a business in the digital market industry.
The Company’s website can be accessed at http://www.karanga.co.za, related mobi-sites and software applications (hereinafter referred to as “the Website”) and is owned and operated by the Company.
“The Customer” means every person that accesses or uses the Website, including, but not limited to each person who registers as contemplated in paragraph 4 below.
“Goods” and “products” may be used interchangeably and means antimicrobial, hypoallergenic, viricidal, quality performance medical scrubs.
This Customer Usage Agreement (hereinafter referred to as “the Agreement”) governs the ordering, sale and delivery of the goods sold on the Website, as well as the use of the Website.
The Agreement is binding and enforceable against the Customer. By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, the Customer acknowledges that he or she has read and agrees to be bound by the Agreement.
The Website enables the Customer to shop online for goods.

IMPORTANT NOTICE

This Agreement apply to Customers who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (hereinafter referred to as “the CPA”).

This Agreement contains provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of the Company;
- may create risk or liability for the Customer;
- may compel the Customer to indemnify the Company; and/or
- serves as an acknowledgment, by the Customer, of a fact.

The Customer’s attention is drawn to this Agreement because it is important and should be carefully noted.
If there is any provision in this Agreement that the Customer does not understand, it is the Customer’s responsibility to ask the Company to explain it to him or her before he or she continues using the Website.
Nothing in this Agreement 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 Company or the Customer in terms of the CPA.

INTERPRETATION

In this Agreement:
paragraph headings are for convenience only and shall not be taken into account in its interpretation;
unless the context indicates a contrary intention, any reference to:
the singular includes the plural and vice versa;
a natural person includes an artificial or juristic person and vice versa; and
any one gender includes the other genders, as the case may be.

REGISTRATION AND USE OF WEBSITE

Only registered users may order goods on the Website.
To register as a user, the Customer must provide a unique username and password and provide certain information and personal details to the Company. The Customer will need to use his or her unique username and password to access the Website in order to purchase goods.
The Customer agrees and warrants that his or her username and password shall:
be used for personal use only; and
not be disclosed by the Customer to any third party.
For security purposes the Customer agrees to enter the correct username and password whenever ordering goods, failing which, the Customer will be denied access.
The Customer agrees that once the correct username and password relating to his or her account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the Customer will be liable for payment of such order, save where the order is cancelled by the Customer, in accordance with this Agreement.
The Customer agrees to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of his or her username and password and to take steps to mitigate any resultant loss or harm.
By using the Website, the Customer warrants that he or she is at least eighteen (18) years of age. Customers who are under the age of eighteen (18) or are not legally permitted to enter into a binding agreement may only use the Website only with the involvement and supervision of his or her parent or legal guardian, who then agrees to be bound by this Agreement, accepting all liability and responsibility under this Agreement.
The Customer agrees that he or she 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, the Customer agrees that he or she 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 without the prior written consent from the Company (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).
The Customer may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
The Customer may not, in any way, display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of the Company.

CONCLUSION OF SALES AND AVAILABILITY OF STOCK

Placing goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such goods, and, as such, goods may be removed from the shopping basket if stock is no longer available. The price thereof might change without notice to the Customer. The Company may not be held liable if such goods are not available or are not available at the particular price when the Customer completes or attempt to complete the purchase cycle at a later stage.
The Customer acknowledges that stock of all goods on offer is limited, and that pricing may change at any time without notice to the Customer. When goods are no longer available after the Customer has placed an order, the Company will notify the Customer and the Customer will be entitled to a refund of any amount already paid by him or her for such goods.
Orders will only be processed once the payment reflects in the Company’s bank account. Alternatively, the Customer may email the proof of payment to admin@karanga.co.za and include the order number in subject of the email.

PAYMENT

The Company is committed to providing secure online payment facilities.
Payment may be made for goods via the following methods (depending on its availability and/or the Customer’s eligibility to use such a method):
debit card. Where payment is made by debit card, the Company may require additional information in order to authorise and/or verify the validity of payment. In such cases, the Company is entitled to withhold delivery until such time as the additional information is received and authorisation is obtained by it for the amounts. If the Company does not receive authorisation, the Customer’s order for the goods will be cancelled. The Customer warrants that he or she is fully authorised to use the debit card supplied for purposes of paying the goods. The Customer also warrants that his or her debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer. By selecting this option, the Customer undertakes to make payment within five (5) days of placing his or her order. The Company will not accept the Customer’s order if payment has not been received; and

instant EFT.

Once the Customer has selected his or her payment method, the Customer will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

DELIVERY OF GOODS

The Company is responsible for fulfilment of delivery of the goods. The Company is also responsible to provide an invoice to the Customer if required.
Delivery of goods takes place via courier and logistics on shipping are outsourced. The Company cannot be held liable for any delays and, therefore, cannot guarantee that the stipulated timeframes will be met.
Where the Company accepts the Customer’s order, it will deliver the goods to the Customer as soon as reasonably possible.
The obligation to deliver a product to the Customer is fulfilled when the product is delivered to the physical address nominated by the Customer for delivery of the order. The Company is not responsible for any loss or unauthorised use of a product after delivery of the product to the physical address nominated by the Customer.

ERRORS

The Company shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to the Company’s gross negligence), the Company 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 the Customer for any amount already paid, or otherwise as set out in paragraph 9 below.

RETURNS

Unwanted products
A Customer may return an unwanted product to the Company at no charge, provided that:
it is undamaged and unused, with the original labels and stickers still attached;
it is not missing any accessories or parts; and
the Customer logs a return on the Website within seventy-two (72) hours of delivery to the Customer of the unwanted product. After seventy-two (72) hours, but within thirty (30) days, a customer may only return a product if it is defective.
A product which has been personalised for the Customer or made to the Customer’s specifications may not be returned unless it does not reasonably conform to the specifications requested by the Customer.

Incorrect products
In the event that the wrong product, or a product that is not as described on the Website, is delivered to the Customer, the Customer shall notify the Company and the Company will collect the product from the Customer at no charge.
Once the product has been inspected and the Company validated the Customer’s return, the Company will, at the Customer’s choice, deliver the correct product to the Company as soon as possible (if the correct product is available) or credit the Customer’s account with the purchase price of the product within ten (10) days of the return or refund, as the case may be.

Products damaged on delivery
Should a product be damaged or missing any parts or accessories at the time of delivery, the Customer is to notify the Company within seven (7) days of such delivery by logging a return on the Website. The Company will then arrange to collect the product from the Customer at no charge to the Customer.
Once the Company has inspected the product and validated the Customer’s return, the Company shall, at the Customer’s choice, repair or replace the product as soon as possible, provided that such repair is possible or that the same product is in stock to use as a replacement, or credit the Customer’s account with the purchase price of the product. If preferred, the Customer may also be refunded.

Defective products
Should a product be damaged or missing any parts or accessories at the time of delivery, the Customer shall notify the Company within seven (7) days of such delivery by logging a return on the Website. The Company will then arrange to collect the product from the Customer at no charge.
Once the product has been inspected and the Company has validated the Customer’s return, the Company will, at the Customer’s choice, repair or replace the product as soon as possible, provided that such repair is possible or that the same product is in stock to use as a replacement, or credit the Customer’s account with the purchase price of the product. If preferred, the Customer may also be refunded.

SOCIAL MEDIA AND CONTENT SHARING

All of the Company’s social media pages are intended to provide the Company with a platform to engage with the Customer, and to provide the Customer with information, updates and sneak peeks of what’s new and happening at the Company and on the Website. The Company’s social medica pages are also intended to provide the Customer with a forum for sharing feedback, leaving comments and asking the Company questions about the products offered on the Website. The Company encourages the Customer to participate and engage with it on all of its social media pages.
When using any of the Company’s social media pages, the Customer shall respect the Company, as well as other users on the page. By participating and engaging on any of the Company’s social media pages, the Customer agrees to be mindful of the tone used and follow the rules of the specific social media platform, i.e.: Facebook, Twitter, YouTube and LinkedIn.
To ensure that everyone who visits the Company’s social media pages enjoys a positive experience, the Customer shall not post any content or comments, including photos and videos, that are obscene, violent, graphic, racist, abusive, defamatory, unlawful, harassing, threatening, discriminatory, sexist, homophobic or otherwise offensive, or constitute personal attacks.
The Customer shall not post content that includes external links.
The Customer shall not spam, attempt to phis, troll or misrepresent his or herself as someone else. This includes multiple or repetitive posts on the same general topic.
The Customer shall not post anything that infringes on the intellectual property, confidential information or privacy rights of others.
Any posts or comments that appear to fall into any of the above categories, that the Company believes are not in accordance with the terms and policies of the social media site concerned, this Agreement, or that the Company otherwise deems inappropriate for its social media communities, will be deleted or hidden from view without prior notification. For the protection of the Company’s customers, social media fans and followers, staff and suppliers, any Customer found to repeatedly breach these rules may be banned from accessing the Company’s social media pages in future.
Any users of the Company’s social media pages are solely responsible for the comments, videos, visuals and other material that they post. The Company takes no responsibility and assumes no liability for any content posted by users and such content does not necessarily reflect the opinions or ideas of the Company. The Company does not warrant the accuracy of any statement or product claim here. The Company may amend the terms contained in this Agreement at any time, without notice.

PRIVACY

The Company respects the Customer’s privacy and will take reasonable measures to protect it, as more fully detailed below.
Should the Customer decide to register as a user on the Website, the Company may require the Customer to provide it with personal information, which includes, but is not limited to:
the Customer’s name and surname;
the Customer’s email address;
the Customer’s physical address;
the Customer’s gender;
the Customer’s mobile number; and
the Customer’s date of birth.
Should the Customer’s personal information change, the Customer is to inform the Company and provide it with updates to his or her personal information as soon as reasonably possible to enable the Company to update the Customer’s personal information.
The Customer may choose to provide additional personal information to the Company, in which event the Customer agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent his or her affiliation with anyone or anything.
Subject to subparagraph 11.6, the Company will not, without the Customer’s express consent, use the Customer’s personal information for any purpose other than as set out below:
in relation to the ordering, sale and delivery of goods;
to contact the Customer regarding current or new goods or any other goods offered on the Website or by any other of the Company’s affiliates and/or partners, unless the Customer has opted out from receiving marketing material from the Company:
to inform the Customer of new features, special offers and promotional competitions offered on the Website or by any of the Company’s affiliates and/or partners, unless the Customer has opted out from receiving marketing material from the Company; and
to improve the Company’s product selection and the Customer’s experience on the Website by, for example, monitoring the Customer’s browsing habits, or tracking the Customer’s sales on the Website; or
disclose the Customer’s personal information to any third party other than as set out below:
to the Company’s employees and/or third party service providers who assist the Company to interact with the Customer via the Website, email or any other method, for the ordering of goods or when delivering goods to the Customer, and thus need to know the Customer’s personal information in order to assist the Company to communicate with the Customer properly and efficiently;
to the Company’s affiliates and/or partners, including their employees and/or third party service providers, in order for them to interact directly with the Customer via email or any other method for purposes of sending the Customer marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them, unless the Customer has opted out from receiving marketing material;
to law enforcement, government officials, fraud detection agencies or other third parties when the Company believes, in good faiths that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of this Agreement;
to the Company’s service providers who help with parts of the Company’s business operations (fraud prevention, marketing, technology services etc); and
to the Company’s suppliers in order for them to liaise directly with the Customer regarding any faulty goods the Customer has purchased which requires their involvement; and
The Company is entitled to use or disclose the Customer’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on the Company, or to protect and defend the Company’s rights or property. In the event of a fraudulent online payment, the Company is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
The Company will ensure that all of its employees, third party service providers, affiliates and partners, including their employees and third party service providers, having access to the Customer’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Customer’s personal information.

Ratings and Reviews
When the Customer provides a rating or review of a product, he or she consents to the Company using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is the Customer’s First Name, as he or she would have provided upon registration. The Company will not display the Customer’s Last Name, nor any of the Customer’s contact details, with a rating or review. If the Customer does not agree to this, the Customer shall not put any ratings or reviews on the Website.
The Company will:
treat the Customer’s personal information as strictly confidential, save where the Company is entitled to share it as set out in this Agreement;
take appropriate technical and organisational measures to ensure that the Customer’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide the Customer with access to his or her personal information to view and/or update personal details;
promptly notify the Customer if the Company becomes aware of any unauthorised use, disclosure or processing of the Customer’s personal information;
provide the Customer with reasonable evidence of our compliance with the Company’s obligations under this Agreement on reasonable notice and request; and
upon the Customer’s request, promptly return or destroy any and all of the Customer’s personal information in our possession or control, save for that which the Company is legally obliged to retain.
The Company will not retain the Customer’s personal information longer than the period for which it was originally needed, unless the Company is required by law to do so, or the Customer has consented to the Company retaining such information for a longer period.
The Company undertakes never to sell or make the Customer’s personal information available to any third party other than as provided for in this Agreement.
Whilst the Company will do all things reasonably necessary to protect the Customer rights of privacy, the Company cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the Customer’s personal information, whilst in the Company’s possession, made by third parties who are not subject to our control, unless such disclosure is as a result of the Company’s our gross negligence.
If the Customer discloses his or her personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than the Company, the Company shall not be liable for any loss or damage, howsoever arising, suffered by the customer as a result of the disclosure of such information to the third party. This is because the Company does not regulate or control how that third party uses the Customer’s personal information.
The website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use, and which the Company we may use, to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify the Customer. If the Customer does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the Customer to deny or accept the cookie feature. Please note that cookies may be necessary to provide the Customer with certain features available on the Website, and thus if the Customer disables the cookies on his or her browser the Customer may not be able to use those features, and the Customer’s access to the Website will therefore be limited. If the Customer does not disable “cookies”, the Customer is deemed to consent to the Company’s use of any personal information collected using those cookies, subject to the provisions of this paragraph.

ELECTRONIC COMMUNICATIONS

When the Customer visits the Website or sends emails to the Company, the Customer consents to receiving communications from the Company or any of its divisions, affiliates or partners electronically, in accordance with paragraph 11 above.

DISCLAIMER

The use of the Website is entirely at the Customer’s own risk and the Customer assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by the Company’s representatives, the Company shall not be bound thereby.
The Company disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Customer’s access to or use of the Website and/or any content therein unless otherwise provided by law.
Although goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of the products.
In addition to the disclaimers contained elsewhere in this Agreement, the Company 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 the Customer’s computer system, computer network, hardware or software in any way. The Customer accepts 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 the Customer’s 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. The Company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the Customer’s access to or use of the Website.

AVAILABILITY AND TERMINATION

The Company will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to the Customer.
The Company may, at its sole discretion terminate, suspend and modify this Website, with or without notice to the Customer. The Customer agrees that the Company will not be liable to him or her in the event that it chooses to suspend, modify or terminate the Website other than for processing any orders made by the Customer prior to such time, to the extent possible.
If the Customer fails to comply with his or her obligations under this Agreement, including any incident involving payment of the price of an order for any goods, this may, in the Company’s sole discretion, with or without notice to the Customer, lead to a suspension and/or termination of the Customer’s access to the Website without any prejudice to any claims for damages or otherwise that the Company may have against the Customer.
The Company is entitled, for purposes of preventing suspected fraud and/or where it suspects that the Customer is abusing the Website and/or has created multiple user profiles to take advantage of a promotions intended by the Company to be used once-off by the Customer, to blacklist the Customer on its database, refuse to accept or process payment on any order, and/or to cancel any order concluded between the Customer and the Company, in whole or in part, on notice to the Customer. The Company accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, the Customer may choose to stop using the Website, with or without notice to the Company.

GOVERNING LAW AND JURISDICTION

This Agreement and any dispute arising from or in connection with this Agreement, as well as the relationship between the Customer and the Company, shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The Customer’s continued use of the Website will constitute the Customer’s 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 the provisions in this Agreement.
In the event of any dispute arising between the Customer and the Company, the Customer hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this paragraph or the Agreement limits the Customer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act 68 of 2008.

NOTICES AND DOMICILIA

The Company hereby selects 2140 Voltaire Drive, Dainfern Valley, Fourways 2191. as its address for the service of all formal notices and legal processes in connection with this Agreement. The Company may change this address from time to time by updating the terms of this Agreement.
The Customer hereby select the delivery address specified with his or her order as his or her domicilium citandi et executandi, but may change it to any other physical address by giving the Company not less than seven (7) days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent:
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post will be deemed to have been received ten (10) days after the date of posting; and
by email will be deemed to have been on the date indicated in the “read receipt” notification. All email communications between the Customer and the Company must make use of the “read receipt” function to serve as proof that an email has been received.

COMPLAINTS

The Company is a participant under the Consumer Goods and Services Industry Code and is bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If any Customer has a complaint about the goods sold on the Website or requires information regarding the Company’s internal complaints-handling process, such Customer is to please get in touch with the Company via email, at admin@karanga.co.za.
If the Company does not resolve the Customer’s complaint within fifteen (15) business days of the Customer having notified the Company of it, the Customer is entitled to approach the Consumer Goods and Services Ombud to assist in resolving the dispute. Their contact details are as follows:
Website – http://www.cgso.org.za/;
Call – 0860 000 272; and
Email – complaints@cgso.org.za.

GENERAL

The Company may, at its sole discretion, at any time, for any reason and without prior written notice, suspend or terminate the operation of the Website or the Customer’s right to use the Website or any of its contents subject to the Company processing any orders already made by the Customer.
The Customer may not cede, assign or otherwise transfer any rights and obligations in terms of this Agreement to any third party.
Any failure on the part of the Customer or the Company 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, such terms shall be severed from the rest of the Agreement and the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion or agreed cancellation of this Agreement 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 show, grant or allow to the other party shall constitute a waiver by such party of any of his, her or its rights. The grantor of such indulgence, extension of time, relaxation or latitude shall not thereby be prejudiced or stopped from exercising any of his, her or its rights against the other party which may have arisen in the past or which might arise in the future.
This Agreement contains the whole agreement between the Customer and the Company and no warranty or undertaking between the parties is valid unless it is contained in this document.