Terms of Service
Terms of Service – Mthembu Capetown
OVERVIEW
Welcome to Mthembu Capetown! The terms "we", "us" and "our" refer to Mthembu Capetown. Mthembu Capetown operates this store and website, including all relevant information, content, features, tools, products and services, with the purpose of providing customers with a personalised shopping experience ("Services"). Mthembu Capetown is powered by Shopify, which enables us to offer you the Services.
The following terms and conditions, together with all policies referenced herein (collectively "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
These Terms of Service contain important information regarding your legal rights, including warranty disclaimers and liability limitations, and should be read carefully.
By visiting, using or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not accept these Terms or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your province or state of residence, and that you grant us your consent to allow minors in your care to use the Services through devices you own, have purchased or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services, you may be asked to provide certain information such as your email address, billing, payment and shipping details. You represent and warrant that all information provided in our stores is accurate, current and complete and that you hold all necessary rights to provide it.
You acknowledge that you are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, colours or product appearance may differ from how they appear on your screen, depending on the type of device used and its settings.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or be identical to how it is shown in our online stores.
All product descriptions may be modified at any time without prior notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time and may limit quantities offered per person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Mthembu Capetown reserves the right to accept or refuse any order, for any reason, at its discretion. Your order is not considered accepted until Mthembu Capetown sends an acceptance confirmation. Receipt and processing of your payment is required for order acceptance. Please review your order carefully before submitting it. Once an order has been accepted, Mthembu Capetown may be unable to accommodate cancellation requests. If we do not accept, modify or cancel your order, we will attempt to notify you via the email address, billing address and/or phone number provided at the time of placing the order.
Your purchases are subject to return or exchange solely in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The amount charged for a product or service will correspond to the price in effect at the time the order is placed and will be specified in your confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, transaction fees, customs duties or import charges.
Prices in our online stores may differ from those offered in physical stores or in online or other stores operated by third parties. Promotions affecting prices may be offered on the Services from time to time and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update account information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information provided is accurate, complete and correct; (ii) you are authorised to use that credit card for the purchase; (iii) charges incurred will be approved by your card issuer; and (iv) you will pay the amounts due, including shipping and transaction fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We cannot be held liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by courier companies, customs procedures or circumstances beyond our control. When products are handed to the courier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
All trademarks, brands, texts, images, graphics, product reviews, video and audio materials, as well as the design, selection and arrangement of our Services, belong to Mthembu Capetown, its affiliates or licensors and are protected by applicable patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal and non-commercial purposes. No material from the Services may be reproduced, distributed, modified, adapted, publicly displayed, publicly performed, republished, downloaded, stored or transmitted without our prior written consent. Except as expressly stated, nothing in these Terms grants any licence or other right under the intellectual property rights of Mthembu Capetown, Shopify or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted are reserved by Mthembu Capetown.
Names, logos, product and service names, designs and slogans belonging to Mthembu Capetown are trademarks of Mthembu Capetown or its affiliates or licensors. These trademarks may not be used without prior written consent from Mthembu Capetown. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans within the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties, which are not monitored, controlled or managed by us.
You acknowledge and agree that access to such tools is provided "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement from us. We have no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also form part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including associated third-party functionalities. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so entirely at your own risk.
We are not responsible for any harm or damages related to accessing third-party websites or to the purchase or use of any products, services, resources or content available on them. Please carefully review and fully understand the policies and practices of any third party before conducting any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
Mthembu Capetown is powered by Shopify, which enables us to offer you the Services. However, all sales and purchases in our store are conducted directly with Mthembu Capetown. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Mthembu Capetown, including any injury, damage or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to purchases and transactions conducted with Mthembu Capetown.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed at [LINK], and some personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services. Information transmitted through the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than your own. For more information on how your personal information is used by us, by Shopify and by our partners, please review our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise communicate ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a permanent, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use.
You also represent and warrant that: (i) you own all Feedback or hold all necessary rights over it; (ii) you have disclosed any compensation or incentive received in connection with the submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to maintain confidentiality of Feedback, to pay compensation for it, or to respond to it.
We reserve the right, at our sole discretion, to monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service, without being obligated to do so.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, and will not contain computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any error, inaccuracy or omission, to modify or update information, and to cancel orders if any information is inaccurate, without prior notice, even after an order has been placed.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for any illegal or malicious purpose; (b) to violate any international, federal, state, provincial or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, discredit, threaten or discriminate against our employees or any other person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to send spam, chain letters or other unsolicited promotional communications; (h) to impersonate any person or entity; (i) for any conduct that restricts or inhibits anyone's use of the Services or that could be considered harmful or prejudicial.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, copy, sell or exploit any part of the Services; (c) collect personal information of other users; (d) send spam, conduct phishing, fraud or scraping; or (e) interfere with security features of the Services or related websites. We reserve the right to suspend, disable or terminate your account at any time if you violate any of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion, and you will remain responsible for all obligations due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through or via the Services is offered for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of such information. You assume the risk of relying on such information. We disclaim all responsibility and liability arising from your reliance, or the reliance of any other visitor to the Services, on such materials.
EXCEPT WHERE EXPRESSLY STATED BY MTHEMBU CAPETOWN, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, MTHEMBU CAPETOWN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AND SHOPIFY AND ITS AFFILIATED PARTIES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROVIDED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mthembu Capetown, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising from: (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim giving rise to indemnification obligations, although delay in notification will not relieve you of your obligations unless you have suffered material prejudice. We may control the defence and settlement of such a claim, including the choice of legal counsel, at your expense, but we will not enter into any settlement that imposes material obligations on you without your consent, which shall not be unreasonably withheld. You are obligated to cooperate in the defence of indemnified claims and to provide relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with all policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 – HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO 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 or modify any part of these Terms of Service at any time, at our sole discretion, by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at info@Mthembu-Capetown.com.
Our contact details are: