Terms and Conditions

Kindly prudently read these terms and conditions (“terms”) before using the www.charityaffair.africa website (the “Website”) operated by Charity Affair (Pty) Ltd (“us”, “we”, or “our”). Your access to and use of the Website is conditioned on your acceptance of and conformity with these terms. These terms apply to all visitors, users, and others who gain access to or use the Website. By accessing or using the Website you agree to be bound by these terms.

 

  1. Stock Availability
  • Stock on offer is limited.
  • Charity Affair (Pty) Ltd shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Charity Affair (Pty) Ltd shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
  1. Errors and inaccuracies
  • We are continuously updating our offerings of products and services (the “goods”) on the Website.
  • Charity Affair (Pty) Ltd shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in our return policy.
  • We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without any prior notice.
  1. Payment
  • Goods sold by Charity Affair (Pty) Ltd are billed in Rands and include VAT.
  • All prices of the items posted on the Website are exclusive of delivery costs.
  • Delivery costs will be stated separately when settling the order and may vary daily and for each order.
  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  • Payment can be made for products via –
  • Credit card:
    • Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment.
    • In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
    • If we do not receive the requested authorisation, your order for the goods will be cancelled.
    • You warrant that you are fully authorised to use the credit card supplied for purposes of paying the goods.
  • Instant EFT via Payfast;
  • Instant payment via OZOW.
  • Once you have selected your payment method and you accept the terms and conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.
  1. Links to other websites
  • Our Website may contain links to third-party websites or services that are not owned or controlled by Charity Affair (Pty) Ltd. Charity Affair (Pty) Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
  • You further acknowledge and agree that Charity Affair (Pty) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
  1. Return Policy
  • Items may only be returned if they are faulty, damaged on arrival, incorrectly delivered or where the customer changes their mind, and such return will be dealt with in accordance with sections 55 and 56 of the Consumer Protection Act 68 of 2008.
  • Once a customer informs Charity Affair (Pty) Ltd of a return, it is the customer’s responsibility to ensure that the item is returned within 14 (fourteen) days after first contact was received.
  • All returns need to be in original packaging, with all original accessories, parts and documentation.
  • No items may be returned without prior written authorisation from Charity Affair (Pty) Ltd.
  • Charity Affair (Pty) Ltd will not be liable for any items lost in transit to Charity Affair (Pty) Ltd or items incorrectly handed over to couriers where no prior written authorisation has occurred. Charity Affair (Pty) Ltd will issue a returns form or returns authorisation number once the return has been authorised, which needs to accompany the return. The absence of this form or returns authorisation number may lead to a return not being processed, for which Charity Affair (Pty) Ltd will not be held liable.
  • Refunds will be processed in the form of store credit which can be used towards future purchases on Charity Affair (Pty) Ltd. A customer may elect to receive a refund in lieu of store credit by means of a card reversal, EFT payments may only be reversed by means of an EFT transfer.
  • Where a customer provides Charity Affair (Pty) Ltd with the incorrect account information, and a refund is successfully processed to the provided details, Charity Affair (Pty) Ltd will not be held responsible for any further refunds.
  • Card reversals may take up to 14 (fourteen) business days to reflect. A valid proof of refund by Charity Affair (Pty) Ltd’s card processing partner shall be conclusive proof that a card reversal has been processed. Should a refund not reflect, the customer will have to approach their card issuing institution to investigate the matter.
  1. Electronic communications
  • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 7 below.
  1. Privacy policy
  • We respect your privacy and will take all reasonable measures to protect it.
  • Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
    • your name and surname;
    • your email address;
    • your physical address;
    • your gender;
    • your mobile number; and
    • your date of birth.
  • Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
  • Subject to clause 7.5 below, we will not, without your express consent:
  • use your personal information for any purpose other than as set out below, unless you have opted out from receiving marketing material from us:
    • in relation to the ordering, sale and delivery of goods;
    • to contact you regarding current or new goods or any other goods offered by us or any of our divisions, affiliates and/or partners;
    • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners; and
    • to improve your experience on our Website.
  • disclose your personal information to any third party other than as set out below:
    • to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods or when delivering goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    • to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
    • to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any goods you have purchased which requires their involvement.
  • We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
  • We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
  • We will –
  • treat your personal information as strictly confidential;
  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • provide you with access to your personal information to view and/or update personal details;
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
  • upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
  • not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  • Charity Affair (Pty) Ltd undertakes never to sell or make your personal information available to any third party other than as provided for herein.
  • In the event of a fraudulent online payment, Charity Affair (Pty) Ltd reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  • If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Charity Affair (Pty) Ltd, Charity Affair (Pty) Ltd shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
  1. Ownership and copyright
  • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Website content is the property of Charity Affair (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to Charity Affair (Pty) Ltd.
  • You will not acquire any right, title or interest in or to the Website or the Website content.
  • Any use, distribution or reproduction of the Website content is prohibited unless expressly authorised in terms of these terms and conditions or otherwise provided for in law.
  • Where any of the Website Content has been licensed to Charity Affair (Pty) Ltd or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  1. Disclaimer and limitation of liability
  • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • Whilst Charity Affair (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Charity Affair (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  • Although goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  • Any views or statements made or expressed on the Website are not necessarily the views of Charity Affair (Pty) Ltd, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these terms, Charity Affair (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise hinder in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
  • You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Charity Affair (Pty) Ltd, its employees, agents or authorised representatives. Charity Affair (Pty) Ltd thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  • Charity Affair (Pty) Ltd shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website, or your inability to use the Website, and/or unlawful activity on the website and/or any linked third party website.
  • You hereby indemnify Charity Affair (Pty) Ltd against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.
  1. Changes to the terms and conditions
  • Charity Affair (Pty) Ltd may, in its sole discretion, change any of these terms at any time. It is your responsibility to regularly check these terms and conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended terms have been displayed on the Website, you will be deemed to have accepted such changes.
  1. Availability and termination
  • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
  • Charity Affair (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Charity Affair (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
  1. Governing law
  • These terms shall be governed and construed in accordance with the laws of South Africa.

IF YOU FAIL TO COMPLY WITH YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, INCLUDING ANY INCIDENT INVOLVING PAYMENT OF THE PRICE OF AN ORDER FOR ANY GOODS, AND YOU FAIL TO REMEDY SUCH FAILURE WITHIN 7 (SEVEN) DAYS OF NOTICE TO YOU BY US, THIS MAY (IN OUR SOLE DISCRETION) LEAD TO A SUSPENSION OF YOUR ACCESS TO THE WEBSITE WITHOUT ANY PREJUDICE TO ANY CLAIMS FOR DAMAGES OR OTHERWISE THAT WE MAY HAVE AGAINST YOU.