PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Overview This website is operated by Kinky Group (Pty) Ltd. Throughout the site, the terms we, us, our, Kinky Stylz and KinkyStylz.co.za refers to Kinky Group (Pty) Ltd. Kinky Group (Pty) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions ( Terms of Service, Terms ), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 1
Introduction Kinky Group (Pty) Ltd through the website www.kinkystylz.co.za ( the Site ) enables registered users to shop online for hair and hair care products ( the Products ). Visitors to the Site ( Users or you ) will be able to browse the Site and Products on offer, with limited access. Legally Binding Contract All Users, including Members and those Members who purchase any products on the Site ( Purchasers ) are bound by these Terms and Conditions and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these Terms and Conditions. By agreeing to these Terms of Service, you represent that you are at least 18 years old (have reached the age of majority) in South Africa, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. If you do not agree to these terms and conditions, please do not use this site and do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the Terms and Conditions. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the South African and other copyright laws, and is the property of Kinky Group (Pty) Ltd. The collective work includes works that are licensed to Kinky Group (Pty) Ltd. Copyright 2016, Kinky Group (Pty) Ltd ALL RIGHTS RESERVED. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kinky Group (Pty) Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site. 2
Export Restriction The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order. Updating of Terms and Conditions Kinky Group (Pty) Ltd reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User s continued use of this Website following the posting of changes or updates will be considered notice of the User s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates. Purchasing Products As a Member, the Site will enable you to place electronic orders ( Order ) for one or more Products offered subject to the availability of the products. A purchase agreement between you and Kinky Group (Pty) Ltd only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by Kinky Group (Pty) Ltd into its bank account, subject to stock of the Product concerned being available. Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, Kinky Group (Pty) Ltd may remove any Product from your shopping basket if stock of the Product is no longer available. The invoice in respect of your Purchase will be available online in the My Account section of the Site. A copy of such invoice will also be included with the Product when delivered. Modification to the Service and Prices Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 3
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Products and Services Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Accuracy of Account and Billing Information We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 at our store. 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. For more detail, please review our Returns Policy. 4
Personal Information Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy. Prohibited Uses In addition to other prohibitions as set forth in the Terms of Service, 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, federal, provincial or state regulations, rules, laws, or local ordinances; (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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Termination of Purchases and Cancellation of Orders Kinky Group (Pty) Ltd reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. Kinky Group (Pty) Ltd shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order. Payment Purchases may currently be paid for by credit cards, debit cards or EFT only. At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate. 5
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services. Sales Records A full record of every Purchase and related transaction between you and Kinky Group (Pty) Ltd shall be maintained on the Site for a period of 12 months following the date of such Purchase or related transaction. You can view and print such record during the 12 month period, where after you are responsible for retaining your own record of the relevant sale or related transaction. After a sale an invoice and a receipt will be emailed to the customer. Vouchers and Coupons Kinky Group (Pty) Ltd may make physical and/or electronic gift vouchers ( Vouchers ) and promotional vouchers/coupons ( Coupons ) available from time to time. Gift Vouchers may be made available for purchase on the Site, while Promotional Coupons may be available through the Site and/or third party websites, magazines and/or other media. Vouchers and Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site. Physical Gift Vouchers can be purchased and will be delivered in the same way that Products are, while electronic Gift Vouchers, once purchased, will be linked to your Kinky Group (Pty) Ltd account. Disclaimer Save for Kinky Group (Pty) Ltd being liable to you Under the Consumer Protection Act 68 of 2008 ( CPA ) in relation to any Products sold by it to you via the Site; and under sections 43(5) and 43(6) of the ECT Act in relation to Kinky Group (Pty) Ltd payment systems not being sufficiently secure, neither Kinky Group (Pty) Ltd nor any of its 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, Kinky Group (Pty) Ltd makes 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 6
encouraged to report any possible malfunctions and errors by way of email to info@kinkystylz.co.za or by contacting us. 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 T&C 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 Kinky Group (Pty) Ltd and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site. Indemnification You agree to indemnify, defend and hold harmless Kinky Group (Pty) Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Changes to Terms and Conditions Kinky Group (Pty) Ltd may, in its sole discretion, change these T&C or any part thereof at any time. If you are a registered Member Kinky Group (Pty) Ltd will notify you of any such changes via email to the email address Kinky Group (Pty) Ltd has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with Kinky Group (Pty) Ltd. If you are NOT a registered Member, Kinky Group (Pty) Ltd will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way. 7