1. Who you are contracting with

1.1  We are: Khulanathi Black Ginger (“We/Our/Us”)

Registration number: 2010/017080/07

Address: 144 Golf Avenue, Clubview, Gauteng, South Africa

Website: www.khulanathi.co.za / shop.khulanathi.co.za (“the Site”)

1.2 These Terms and Conditions govern all of Our dealings with You, including but not limited to the supply and/or delivery of any product ordered by You on the Site. By placing your order, you are accepting these Terms and Conditions, You agree to be legally and unconditionally bound by these Terms and Conditions. No variation or modification of these Terms and Conditions shall be valid or binding, unless expressly agreed to in writing by Our authorised signatory.

1.3 At any time after having first accepted these Terms and Conditions, when You subsequently place an order on the Site, You agree that You do so subject to the version of the Terms and Conditions current as at the date You submit Your Order. You are responsible for reviewing the latest Terms and Conditions each time that You submit an Order.

2. Your Status to contract with Us

To use the Site for the purpose of purchasing goods from Us, You must be over 18 (eighteen) years of age and possess a valid credit or debit card issued by a bank acceptable to Us or a valid bank account for EFT purposes.

3. The ordering process and contracting with Us

3.1  To place an order with Us for any product for sale on Our Site (“Product/s”), You must register for an account on the Site. You agree and warrant that the log-in name and password chosen by You at the time of registration shall: a) be used for Your personal use only; and b) not be disclosed to any third party. We shall not be responsible for any misuse of Your log-in details as a result of Your failure to comply with this provision.

3.2 Once You have opened an account, You must follow the instructions on the Site as to how to submit an order on the Site. You hereby warrant that all personal information that You provide to Us at the time of placing an order is accurate and expressly agree that We cannot be held liable for acting upon any incorrect or inaccurate information provided by You.

3.3 Once you have selected a Product that You wish to order and have proceeded to the ‘checkout’ screen, the amount to be paid by You for such Product will be displayed together with the additional charges that You must pay for the Product including VAT and shipping fees (where applicable). All charges will be displayed in South African currency. By submitting Your order from the checkout screen, You will complete Your order and will be deemed to have made a valid and binding offer to purchase Our Product.

3.4  You must pay for the Product in full at the time of ordering by supplying Us with Your credit or debit card details from a credit or debit card company acceptable to Us, or by adding the order to your account with us in order to process Your order. Alternatively, You may pay by EFT, but in such cases, we shall not be bound to supply You with the Product before We have received cleared funds in full.

3.5   We reserve the right not to accept certain forms of payment and to refer You to an alternative payment method, in Our sole discretion.

3.6  By providing Us with the details of a credit or debit card for payment for Our Product, You are warranting that You are legally entitled to use that card or account and that the card has sufficient funds to cover the proposed payment to Us.

3.7  You undertake that all details that You provide to us for the purpose of purchasing the Product from Us will be correct, that the credit or debit card and/or bank account and/or other payment method which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of Your payment details from the relevant financial institution prior to providing You with the Product.

3.8  Your order remains an offer to purchase Our Product, until We issue Our Confirmation of order or, if earlier, when We receive Your notice revoking Your order. We are not obliged to supply the Product to You until We have accepted Your order. We may refuse to accept an order from You for any reason, including unavailability of Product or We may offer You an alternative Product (in which case we may require you to re-submit your order first). Acceptance of Your order by Us will be confirmed by way of an email to You containing a “Confirmation of Order”. Your order may be cancelled or modified by You by notifying Us by email at kyra@khulanathi.co.za at any time prior to receiving the “Confirmation of Order” email. We reserve the right to ‘partially fulfil’ any order by confirming Our acceptance of Your order in respect of only certain Products ordered by You. In such instances, the remainder of Your order will still be considered an ‘offer to purchase’ until We confirm Our acceptance of the order for such remaining Product.

3.9  Although We make every effort to ensure that the prices published upon the Site are accurate and up to date, We reserve the right to change the price of any Product prior to Our acceptance of Your Order. In the event that there is any change in the price of any Product ordered by You, We will contact You to confirm that You wish to proceed at the amended price.

3.10 We reserve the right, in the case of suspected fraud (in Our sole discretion), to refuse to accept or process payment on any order, and/or to cancel any sale concluded between You and Us, in whole or in part.

3.11 If, after we have accepted Your order, a Product is not available for any reason. We will notify You and return any payment that You have made, and We accept no liability which may arise as a result of such refusal to process any order/sale.

3.12  in the event of any refunds of any order, We will always attempt to refund any money received from You using the same method originally used by You to pay for the Product. If this is not possible for whatever reason, We will contact You to arrange an alternative method of refund.

3.13  It is Your sole responsibility to ensure that any Products ordered from Us are sufficient and suitable for your purposes. We do not warrant that Our Products will meet your individual requirements, nor do We warrant that they will be fit for Your individual purposes. Our Products are designed as standard for the purposes described and are not tailor-made to individual requirements.

4. Delivery

4.1  We aim to deliver the Product to You at the place of delivery requested by You in Your order, within the time indicated by Us in the Confirmation of Order, however We cannot be held to a specific date or time and We shall not be held be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. We will endeavour to advise You of any delays relating to Your order.

4.2  You agree to inspect the Product for any obvious faults, defects or damage before You sign for delivery. You also agree to keep the receipt for the delivered Product as a reference for any future dealings with Us in respect thereof.

4.3  All risk in the Product shall pass to You upon despatch for delivery. From the time when risk passes to You, we will not be liable for loss or destruction of the Product

4.4  Please note that We may be unable to facilitate delivery to certain addresses. In the rare event that this is the case, We will advise You and arrange for cancellation of the order or delivery to an alternative delivery address.

4.5 If You are not available to take delivery, We may leave a note giving you instructions on either re-delivery or collection from the courier company concerned.

4.6 We have a standard method of packing our goods for delivery with due care. Any additional special packaging requested by You may be subject to additional charges, in our sole discretion. You must make Us aware of such requests at the time of placing Your order. You must take care when opening Your packages so as not to damage the Products contained therein and We will not be liable for any damages to the Products as a result of careless handling of the packages by You.

4.7 If delivery or collection is delayed through Your refusal to accept delivery or if You do not (within 2 (two) weeks of Our first attempt to deliver the Product to You) accept delivery or collect the Product from the courier company, then We may (without affecting any other right or remedy available to us) do either or both of the following:

4.7.1 charge You for reasonable storage fees and other costs reasonably incurred by Us as a result of the delay in delivery caused by You; or 

4.7.2 cancel the order, in which case We will refund You with any money paid to Us less Our reasonable administration charges, including for attempted delivery and return of the Product to Us, and any storage fees as provided for above.

5.1 We warrant only that:

5.1.1  the Products will be delivered new and undamaged in the quantities ordered; and 

5.1.2 the Products will conform with the specifications stipulated on the Site or in Our Product material at the time of Your Order;

5.1.3 the Products are intended to be used strictly in accordance with the manufacturer’s specifications as stipulated on the Site or as on the Products. It is Your sole responsibility to ensure that you use the Product strictly in accordance with those instructions.

5.2  Products may vary slightly in terms of specified colours, designs, dimensions, materials, measurements and other features to the extent that such variances are reasonable.

5.3 In terms of ‘cooling off’ laws, You are entitled to cancel any sale concluded with Us within 7 (seven) days of receipt of the Products and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 (thirty) days from the order date). No cancellation fees shall apply in such instances, provided that:

5.3.1  the Products are returned in the condition that they were delivered;

5.3.2 to the extent that only certain Products are returned to Us, We shall be entitled to recalculate the delivery charges for those Products kept by You and retain such fees.

5.3.3 You will be liable for the freight cost of any returns made due to exchanges, whether it be returned with Your own courier, or We could quote You on the collection of the returning Products. Only once freight payment is received for the returns, will the collection be arranged.

5.4 In the event that You claim that any Product is defective, You agree to keep the Product in its current condition available for Us to inspect within a reasonable time.

5.5 In order to provide You with any remedies for a defective Product, You agree to cooperate in providing information as required by Us regarding the Product, including detailing how the Product is defective and any other information as We reasonably may require.

5.6  Your remedies in the event of a Product being defective are one of the following:

5.6.1  refund; or

5.6.2  repair; or

5.6.3  replacement

5.7 In the event that we find that a Product, alleged to be defective, has been abused, or misused, or neglected, or subjected to inadequate or improper handling, or modified in any way, or the subject of normal ‘wear and tear’, We may in our sole discretion elect not to refund, repair or replace the Product and in addition We may require You to pay all reasonable delivery and servicing costs and charge this to your credit or debit card, or the payment details that you provided to Us when You placed Your order.

6. Vouchers/Promotional Coupons

6.1  You may use promotional coupon and gift vouchers as payment for regular priced Products on the Site.

6.2  To redeem vouchers in Your Account or check an existing credit, please visit “My Account” on the Site.

6.3  We may email gift and promotional vouchers to You. We accept no liability for errors in the email address of the voucher recipient.

6.4  If You have a gift or promotional voucher, that voucher can be used by someone other than You and You can assign Your rights to use such voucher. Vouchers may only be redeemed once and therefore it is Your sole responsibility to ensure that these vouchers are kept safe. We will not be liable for any unauthorised loss, misuse or theft of vouchers.

6.5  In the event of fraud or an attempt at deception or in the event of the suspicion of other illegal activities in connection with vouchers, We shall be entitled to close Your Account and/or, in Our sole discretion, invalidate any voucher.

6.6   From time to time We may release, in Our sole discretion, promotional coupons that may be used on the Site, which We will send to You by email. Promotional coupons:

6.6.1  can only be redeemed on the Site;

6.6.2  are valid for the specified time period stated on them only;

6.6.3  can only be redeemed against regular priced Products;

6.6.4  cannot be used in conjunction with other promotional coupons

6.6.5  might not be able to be redeemed against Individual brands or Products, which we might expressly exclude from coupon promotions;

6.6.6  may be used exclusively for purchases on the Site and not in Our stores, unless otherwise expressly specified;

6.6.7  are not partially redeemable, therefore in the event that You place an order for a Product less than the value of the promotional coupon, no refund or residual credit will be returned to You, however, in the event that the credit of a promotional coupon is insufficient for the order You wish to place, You may ‘top up’ the difference through payment; and

6.6.8  do not accrue interest, nor do they have a cash value.

6.7 You may purchase gift vouchers for use on the Site by You, or as a gift. These gift vouchers will be sent to you via email.  Gift vouchers:

6.7.1  cannot be used to buy further gift vouchers;

6.7.2  may only be purchased through debit or credit card or EFT;

6.7.3  do not accrue interest, nor do they have a cash value;

6.7.4  gift vouchers may not be returned or exchanged for cash;

6.7.5  are considered to have been redeemed if used as payment in placing an order;

6.7.6  may be used as partial payment for an order, therefore if the credit of a gift voucher is insufficient for the order, You may ‘top up’ the difference through payment.

7. Limitation of Liability

7.1  Notwithstanding anything to the contrary contained in these Terms and Conditions, this  clause 7 prevails over all other clauses and sets forth our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms and Conditions; or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

7.2 In no event shall Our total liability to You for all costs, damages and/or losses, whether direct, indirect or consequential exceed an amount equivalent to the total value of the order for Our Products giving rise to the cause of action in respect of such costs, damages or losses.

8. Customer service

8.1 We shall perform Our obligations under these Terms and Conditions with reasonable skills and care.

8.2 Should You have any complaints arising out of Your use of the Site, You may contact Us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address Your concerns as soon as reasonably possible and will contact You within a reasonable time of having received any relevant enquiry or complaint. In many cases of Product related complaints, the manufacturer may have to be involved by Us and accordingly, it may take longer to resolve such an enquiry or complaint.

8.3  In the event of any complaint, it will assist Us if You describe the object of Your complaint as accurately as possible and, where applicable, send Us copies of the order or at the order number that We assign You in the Confirmation of Order. Should You not have received any reaction from us within 5 (five) Business Days, please make further enquiries. In rare cases Your emails may be captured by Our spam filters or not reach Us, or correspondence that We send to You may otherwise not reach You.

9. Personal information and online security

9.1 Our protection of your personal information is detailed in our ‘Privacy Policy‘, which forms part of these Terms and Conditions.

9.2 You hereby authorise us to take all reasonable steps to ensure the integrity and security of the Site and any of its back-office applications. All credit card transactions are Secure Socket Layer encrypted. Our registration documents and the Site’s registered domain name are checked and verified by VCS.

10. Circumstances beyond our control (force majeure)

10.1  We shall not be liable to You for any breach, hindrance or delay in Our performance, attributable to any cause beyond Our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, national emergencies, terrorism, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

10.2  Either You or We may terminate an order by written notice to the other in the event that the Event of Force Majeure lasts for a period of 2 (two) business days or more, in which event neither You nor We shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by You and not delivered).

10.3  If We have contracted to provide identical or similar Products to more than one customer and are prevented from fully meeting our obligations to You by reason of an Event of Force Majeure, we may decide, in our sole discretion, which orders we will fulfil and to what extent.

11. Notices

11.1  Any notice required to be given under these Terms and Conditions, or with reference hereto, shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.

11.2  Any notice given by post shall be deemed to have been served 2 (two) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

12. Governing Law and Jurisdiction

The Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and You and Us submit to the jurisdiction of the South African courts.

13. Address for Notices

We choose as our address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:

Postnet Suite 411, Private Bag X4, Wierda Park, 0149, with a copy to kyra@khulanathi.co.za (the sending of such copy being required in order for any notice to be validly delivered to Us).

14. General

14.1  These Terms and Conditions and any subsequent revised versions hereof shall commence from the date on which they are respectively published on the Site and continue indefinitely, as amended by Us from time to time, for so long as the Site exists and is operational, We being entitled to terminate these Terms and Conditions and/or close the Site at any time (subject to still processing any orders then already placed and accepted by Us).

14.2  No failure or delay by Us or You in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Our or Your rights under these Terms and Conditions or a Contract.

14.3  If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

14.4  You shall not be entitled to assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions without Our prior written consent.

14.5  Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between You and Us.

14.6  No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.

14.7  A full record of every sale and related transaction between You and Us shall be maintained on the Site for a period of 12 (twelve) months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter You shall be responsible for retaining Your own record of the relevant sale or related transaction.

14.8  Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in Us and all rights not expressly granted are reserved.

14.9  When you visit the Site or send e-mails to Us, you consent to receiving communications from Us electronically and agree that all agreements, notices, disclosures and other communications sent by Us satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”.

14.10 These terms are subject to the provisions of the Electronic Communications and  transactions Act no. 25 of 2002 (the ECT Act”) and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.

15. Disclaimer

Save for Us being liable to You under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Us to You via the Site; and under sections 43(5) and 43(6) of the ECT Act in relation to Our payment systems not being sufficiently secure,

Neither We nor any of Our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, We make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to kyra@khulanathi.co.za.

Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet Your individual requirements. It is Your sole responsibility to satisfy Yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Us and You are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.