These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Ponder Goods (Pty) Ltd
Our address is: 161 Freesia Street, Pretoria, South Africa, 0081
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement, unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].
2. At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
6. Security of your credit card/debit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. If you buy as a Consumer
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.
- As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
- You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
- The option to cancel your order is not available:
- if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if the Goods become mixed inseparably (according to their nature) with other items after delivery.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- If the Goods you return, show any sign of damage or loss due to your checking then we shall be entitled to deduct the cost from your refund money.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days by means of store credit.
- To assist us in identifying your Goods on receipt by us, we ask you to provide a telephone number for a return reference to be placed below our address/returns label.
- This paragraph does not affect your rights in the event that the Goods are faulty.
9. Foreign taxes and duties
10. Liability for subsequent defects
These provisions apply in the event that you return any Goods to us for any reason :
- We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- Before you return the Goods to us, please carefully re-read the instructions and product description.
- The Goods must be returned to us as soon as any defect is discovered but not later than 1 month.
- So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- You must tell us by email message to email@example.com you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
- In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
- If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
14. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph.
- send age-inappropriate communications or Content to anyone under the age of 18.
15. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information.
16. How we handle your Content
17. Removal of offensive Content
18. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
20. Intellectual Property