TERMS AND CONDITIONS

The Whimsical Whippet

Website Terms and Conditions of Use Relating to www.thewhimsicalwhippet.co.za; The Whimsical Whippet (Pty) Ltd.

These Terms and Conditions (“the Terms and Conditions”) govern your (“the user”, “you”, “your”) use of The Whimsical Whippet (Pty) Ltd (“We”, “us”, “our”) website located at the domain name www.thewhimsicalwhippet.co.za (“the Website”). By accessing and using the Website, you agree to be bound by these Terms and Conditions. You may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without our prior written consent.

Our company registration number is 2014/277673/07.

General e mail info@thewhimsicalwhippet.co.za

We are currently not VAT registered

Electronic Communications

By using this Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The private information required for executing the orders placed through the e-commerce facility, being your personal information, delivery address and telephone numbers will be kept in the strictest confidence by us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

At present we do not accept credit cards as a method of payment. We nevertheless undertake that we will take all reasonable measures to secure your personal information entered on our web site. We cannot be held responsible for security breaches occurring on your electronic device (Personal Computer, tablet, smart phone or other electronic device used to browse the Website), which may arise due to the lack of adequate virus protection software or any other precautions you have failed to take. Should your use of material on this website result in the need for repair, servicing or correction of equipment, software or data, you assume all costs thereof.

Geographic area of operation and currency of business

We are based in Johannesburg, South Africa and deliver to customer addresses in the major metropolitan areas of the Republic. For a list of cities and towns serviced, visit www.thecourierguy.co.za and view ‘maps’. Our business currency is the South African Rand.

Registration

To register with www.thewhimsicalwhippet.co.za you must be eighteen years old. Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of your password rests with you. If you become aware of or suspect any use of your password by another person, contact us immediately. We may suspend or cancel your registration at our discretion or if you breach any of your obligations under these Terms and Conditions.

Ordering, Invoicing and Payment

You are deemed to place an order with us by ordering via our online checkout process. An order confirmation and invoice will be system – generated. Make payment by EFT to our Standard Bank account as specified in the checkout process.

Deliveries

We will deliver within seven days of your order payment clearing into our bank account. Whilst we will make every effort to hold stock on our full range, out of stock items are replenished from Cumbria, England by airfreight and may take a further ten days to deliver. Our courier service provider is The Courier Guy. We charge R55 for deliveries within Gauteng and R85 to other destinations.

Cancellations

We will refund cancelled orders after deduction of a 10% charge for administration costs. We reserve the right to cancel an order for which payment has already been received. This may occur if we hold insufficient stock, for quality control reasons or in the case of discontinued listings. In these circumstances, you will receive a full refund.

Returns

We will refund you in full in respect of products delivered that have been damaged in transit. Contact us by e mail at info@thewhimsicalwhippet.co.za within 7 days of receipt of the damaged goods and we will arrange collection at our cost. You must have these items ready for collection on the agreed date and time, with the product containers unopened, the items unused and in their original delivery packaging. Refunds will be processed within seven days of us inspecting the returned goods and confirming you have complied with our returns policy. We will not accept returns in respect of used goods.

Changes to these Terms and Conditions

We reserve the right to change, modify, add to or remove elements or the whole of these Terms and Conditions periodically. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance of the changed Terms and Conditions.

Copyright and Intellectual Property Rights

We generate, own and provide certain information and content on the Website, in addition to including content which is generated and owned by our licensors. All such content is proprietary and ownership and copyright vests in us or our licensors as the case may be and is protected by South African and international copyright laws.

All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, we do not grant you a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

We reserve the right to make any changes to the Website, the Content, or to products offered through the Website at any times and without notice.

Limited License

We grant to you, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal and information purposes only.

You may print and download product content from this website on the following basis. No content may be modified in any way, no graphics are used separately from the accompanying text, and any of our copyright and trademark notices, and those of our licensors, appear together with this permission.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without our express prior written consent. The license does not allow you to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. You may not frame nor use framing technologies to enclose this Website or the Content nor any part thereof without our prior express written consent.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Any unauthorised use terminates this license.

Limitation of liability

The Website www.thewhimsicalwhippet.co.za sells British heritage goods online. The use of any product bought from this Website is at your risk. You indemnify and hold us, our licensors, third party service providers and our directors and officers, harmless against any loss, injury or damages which may be sustained in connection with the use, inability to use or as a result of the use of this website and our products.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. We make no warranty or representation as to the availability, accuracy or completeness of the Content. We shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if we are expressly made aware thereof.

Choice of Law

This Website is controlled, operated and administered by us from our offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this Website from locations outside South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South Gauteng High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, those affected provisions shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between us and you with regard to the use of the Content and this Website.