Terms of service

General Terms and Conditions for Kappie and Co (trading as Kappie)

  1. INTRODUCTION

This website (“Site”) is operated by Kappie and Co (Registration number: 2023/790392/07) trading as Kappie in the Republic of South Africa. These terms and conditions govern your use of the Site, the purchase of products from our online store, as well as all activities incidental thereto. By accessing and using the Site, you agree to be bound by these terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

By shopping or browsing on this Site, you:

  • represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
  • agree to be bound by these terms and conditions as well as the policies referenced herein or otherwise (collectively “the Agreement”).

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

  1. PRODUCTS AND PRODUCT INFORMATION
  • We make every effort to display accurate product information on our website. However, we do not warrant that product descriptions, colours, or other content is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in accordance with our Returns Policy.
  • We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
  • All descriptions of products are subject to change at any time without notice, at our sole discretion.
  • We reserve the right to discontinue any product at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our product.
  • We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.
  1. ORDERS AND PRICING
  • All orders placed through our Site are subject to acceptance by us. We reserve the right to refuse or cancel an order for any reason, including but not limited to product availability, errors in pricing, or suspicion of fraudulent activity. Prices are in South African Rand (ZAR) and include VAT where applicable.
  • Prices for our products are subject to change without notice.
  • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  1. PAYMENT
  • Payment for orders is processed securely through Peach Payments. Peach Payments is PCI DSS Level 1 compliant, with bank-enabled two-factor authentication and industry-leading fraud detection tools.
  • By providing your payment information, you represent and warrant that you have the legal right to use the payment method.
  • No sensitive cardholder data is stored on our servers at any time for either once-off or subscription payments.
  • When you opt to store card details on our website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from your browser to Peach Payment’s systems.
  1. SHIPPING AND DELIVERY

Please refer to our Shipping Policy for information on shipping costs, delivery times, and other related details. We are not responsible for any customs or import duties that may apply to your order.

  1. RETURNS AND REFUNDS

Our Returns Policy outlines the process for returning products and seeking refunds. Please review this policy to understand your rights and responsibilities.

  1. PRIVACY

We respect your privacy. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our website, you consent to the practices described in our Privacy Policy.

  1. INTELLECTUAL PROPERTY
  • All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by Kappie alternatively Kappie is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of Kappie.
  • Kappie grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with Kappie for any of the products.
  • Any use of materials on the Site other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of Kappie and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of Kappie and/or such trademark and/or copyright owner.
  1. AMENDMENTS

We reserve the right to update, change, or replace any part of these terms and conditions at our discretion. It is your responsibility to check our website periodically for changes. Any new features or tools which are added to the current store shall also be subject to the Agreement. Your continued use of / or access to the Site following the posting of any changes constitutes acceptance of those changes.

  1. THIRD-PARTY LINKS
  • Certain content, products and services available via our Site may include materials from third-parties.
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
  • Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  • If, at our request, you submit specific entries (such as contest entries), or without any solicitation from us, you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or any other method (collectively referred to as 'comments'), you hereby agree that we retain the unrestricted right to edit, copy, publish, distribute, translate, and use such comments in any medium, at any time. We are not obligated (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments.
  • By submitting comments, you confirm that your comments will not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary right. You further confirm that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene content, nor will they include any computer virus or other malware capable of impacting the operation of our Site or any associated website.
  • Using a false email address, assuming a false identity, or misleading us and third parties regarding the origin of any comments is strictly prohibited. You bear sole responsibility for the accuracy of your comments. We disclaim any responsibility and assume no liability for any comments posted by you or any third party.
  1. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

  1. ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be occurrences of typographical errors, inaccuracies, or omissions in information presented on our Site. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We retain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we may modify or update information, or cancel orders, if any details in the Site or on any associated website are found to be inaccurate, without prior notice (even after your order has been submitted).

  1. PROHIBITED USES

In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local legislation, regulations or rules; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  • You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.
  • We make no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
  • Apart from as specifically set out in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement; and the Site and products are provided to you on an "as is" basis.
  • We do not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, we shall under no circumstances whatsoever be liable to you, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the products or services.
  • Kappie, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify the Kappie from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of products or services supplied by us pursuant to any such order.
  • Notwithstanding any other provisions contained herein, Kappie’s total aggregate liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance of or contemplated performance of this Agreement shall be limited to the total value of the product(s) in respect of which any such dispute or claim arises.
  • By accessing this Site, you warrant and represent to Kappie that you are legally entitled to purchase the products and that all the details you have provided are true and complete.
  • Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Kappie. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
  1. SEVERABILITY

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. TERMINATION
  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.
  • The Agreement is effective unless and until terminated by either you or us. You may terminate the Agreement at any time by notifying us that you no longer wish to use our services, or when you cease using the Site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we also may terminate the Agreement 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 services (or any part thereof).
  1. NO WAIVER OR SUSPENSION OF RIGHTS

The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

  1. ENTIRE AGREEMENT

The Agreement and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site and our products, 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 of Service).

  1. GOVERNING LAW

The Agreement shall be governed by and construed in accordance with the laws of South Africa.