INTRODUCTION
1.1. This website can be accessed at cherryandco.co.za, related mobile sites and software applications (the “Website”) and is owned and operated by Cherry Plastics CC trading as Cherry & Co (“Cherry & Co”, “we”, “us” and “our”).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. The Website enables you to shop online for an extensive range of goods which may include seat covers, dash protectors, transmission covers, spare wheel covers, vehicle accessories and overland lifestyle accessories (“Goods”).
IMPORTANT NOTICE
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) of The Republic of South Africa.
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of CHERRY & CO; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify CHERRY & CO and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask CHERRY & CO to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or CHERRY & CO in terms of the CPA.
2.6. CHERRY & CO permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2.7. These Terms and Conditions are divided into three sections, as follows:
Part A – Orders and Sales;
Part B – Privacy Policy; and
Part C – General Legal Terms.
RETURNS
Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
PART A – ORDERS AND SALES
4. Registration and Use of the Website
4.1. Only registered users may order Goods on the Website.
4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to CHERRY & CO. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.3. You agree and warrant that your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by you to any third party.
4.4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.6. You agree to notify CHERRY & CO immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Company representative.
PART B – PRIVACY POLICY
Please refer to our Privacy Policy for more information about your privacy and rights stemming from legislation and GDPR. Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
PART C – GENERAL LEGAL TERMS
10.1. CHERRY & CO may, in its sole discretion, change any of these Terms and Conditions 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.
10.2. 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 and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
11. 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 our Privacy Policy.
12. Ownership and Copyright
12.1. 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 (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of CHERRY & CO, its advertisers and/or sponsors and/or is licensed to CHERRY & CO.
12.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
12.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at e-mail info@cherryandco.co.za
12.4. Where any of the Website Content has been licensed to CHERRY & CO 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.
13. Disclaimer
13.1. 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.
13.2. While CHERRY & CO takes reasonable measures to ensure that the content of the Website is accurate and complete, CHERRY & CO 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.
13.3. CHERRY & CO disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
13.4. The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
13.5. Any views or statements made or expressed on the Website are not necessarily the views of CHERRY & CO, its directors, employees and/or agents.
13.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, CHERRY & CO 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, jeopardize or otherwise impede 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, jeopardize, 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 CHERRY & CO, its employees, agents or authorized representatives. CHERRY & CO 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.
14. Limitation of liability
14.1. CHERRY & CO cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of CHERRY & CO, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@cherryandco.co.za
14.2. CHERRY & CO 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; AND/OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
14.3. YOU HEREBY INDEMNIFY CHERRY & CO 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.
15. Availability and termination
15.1 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.
15.2. CHERRY & CO may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that CHERRY & CO 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.
15.3. 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.
16. Governing law and jurisdiction
16.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
16.2. In the event of any dispute arising between you and CHERRY & CO, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
16.3. Nothing in this clause 16 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
17. Notices
17.1. CHERRY & CO hereby selects No. 3 Maretsel Street, The Gables, Germiston, 1401 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). CHERRY & CO may change this address from time to time by updating these Terms and Conditions.
17.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving CHERRY & CO not less than 7 days’ notice in writing.
17.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –
17.3.1. by hand will be deemed to have been received on the date of delivery;
17.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
17.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
18. CHERRY & CO information
For the purposes of the ECT Act, CHERRY & CO’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
18.1. Full name: CHERRY PLASTICS CC trading as CHERRY & CO, a private company registered in South Africa with registration number 2017/511275/07
18.2. Main business: CHERRY PLASTICS CC
18.3. Physical address for receipt of legal service (also postal and street address): No. 3 Maretsel Street, The Gables, Germiston, 1401 (marked for attention: CEO)
18.5. Phone number: +27 11 615 2401
18.6. Official email address: info@cherryplastics.co.za
19. General
19.1. CHERRY & CO may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
19.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
19.3. Any failure on the part of you or CHERRY & CO to enforce any right in terms hereof shall not constitute a waiver of that right.
19.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
19.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
19.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
19.7 These Terms and Conditions contain the whole agreement between you and CHERRY & CO and no other warranty or undertaking is valid, unless contained in this document between the parties.
