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Terms & Conditions 

  • This website can be accessed at www.thekushaderco.co.za and  related mobi-sites (the “Website”) and is owned and operated by The Kushader Co (“The Kushader Co”, “we”, “us” and “our”).

  • These Website Terms and Conditions (“Terms and Conditions” ("Ts & Cs") govern the ordering, sale and delivery of Goods and Services, and the use of the Website.

  • 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” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Kushader Co to explain it to you before you accept the Terms and Conditions or continue using the Website

  • The Kushader 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.

  • Please refer to our Returns Policy for more information about returning products

  • Only registered users may order Goods or Services on the Website.

  • To register as a user, you must provide a unique username and password and provide certain information and personal details to The Kushader Co. You will need to use your unique username and password to access the Website in order to purchase Goods and Services.

  • You agree and warrant that your username and password shall:

- be used for personal use only; and

- not be disclosed by you to any third party.

- For security purposes you agree to enter the correct username and password whenever ordering Goods or Services, failing which --you will be denied access.

  • 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.

  • You agree to notify The Kushader 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.

  • 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/their 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.

  • Registered users may place orders for Goods and Services, which The Kushader Co may accept or reject. Whether or not The Kushader Co accepts an order depends on the availability of Goods and Services, correctness of the information relating to the Goods and Services (including without limitation the price) and receipt of payment or payment authorization by The Kushader Co for the Goods or Services.

  • NOTE: The Kushader Co will indicate the acceptance of your order by delivering the Goods or Service to you or allowing you to collect them, and only at that point will an agreement of sale between you and The Kushader Co come into effect (the “Sale”). This is regardless of any communication from The Kushader Co stating that your order or payment has been confirmed. The Kushader Co will indicate the rejection of your order (by The Kushader Co itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

  • Prior to dispatch or collection by you of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice, cancellations may incur an admin fee for your account. Custom Goods/Services ordered by you may be cancelled before production; please see Cancellation Policy for more information 

  • Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods or Services, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The Kushader Co liable if such Goods or Services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

  • You acknowledge that stock of all Goods or Services on offer is limited and that pricing may change at any time without notice to you. In the case of Goods or Services for sale by The Kushader Co, The Kushader Co will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods or Services are no longer available after you have placed an order, The Kushader Co will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

  • Payment may be made for Goods and Services via the following methods (depending on its availability and/or your eligibility to use such a method) -

- Debit Card

- Credit Card

- Zapper

- EFT (electronic funds transfer)

- Deposit

-Zapper

  1. Debit card; where payment is made by debit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods or Services will be cancelled. You warrant that you are fully authorized to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

  2. Credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

  3. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. The Kushader Co will not accept your order if payment has not been received. 

  • The Kushader Co offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

- courier, or

 - self-collection

  • For more information about delivery, please see our FAQs or our Shipping Policy, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Shipping Policy for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

  • Where it accepts your order, The Kushader Co will deliver the Goods or Services to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods or Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

  • The Kushader Co’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. The Kushader Co is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.

  • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods and Services 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 the Returns Policy. 

  • The Kushader Co shall not be bound by any incorrect information regarding our Goods or Services displayed on any third party websites.

  • The Kushader Co may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of The Kushader Co Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

  1. Gift Vouchers that are purchased by registered users are valid for 2 (two) years after Sale. Gift Vouchers that PandaMei gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

  2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.

  • The Kushader Co is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

  • Coupons are issued in The Kushader Co’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

  • As a general rule, and unless specified otherwise on the specific Coupon itself:

  • - each Coupon can only be used once;

  • - only one Coupon can be used per order;

  • - only one Coupon can be used on the Website per person per promotion/campaign;

  • - Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5000;

  • Where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;

  • a Coupon must be used at check-out – it cannot be used later on existing orders; and

  • the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

  • Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. The Kushader Co is not responsible for any harm due to the loss, unauthorized use or distribution of a Coupon.

  • If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid.  If The Kushader Co confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

  • You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by The Kushader Co, before you are able to use a Coupon.

  • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

  • The Kushader 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.

  • 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.

  • 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 above.

  • 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 The Kushader Co takes reasonable measures to ensure that the content of the Website is accurate and complete, The Kushader 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. If any such representations or warranties are made by The Kushader Co’s representatives, The Kushader Co shall not be bound thereby.

  • The Kushader Co disclaims liability for any damage, loss or expenses, 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.

  • 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 “as is” 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 The Kushader Co, its directors, employees and/or agents.

  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Kushader 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 willful misconduct of The Kushader Co, its employees, agents or authorized representatives. The Kushader 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.

  • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The Kushader Co is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

  • Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

  • The Kushader 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 willful misconduct of The Kushader Co, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact page.

  • THE KUSHADER 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; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  • YOU HEREBY INDEMNIFY THE KUSHADER 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.

  • We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

  • The Kushader Co may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The Kushader 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, to the extent possible.

  • 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 or Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

  • The Kushader Co is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by The Kushader Co to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Kushader Co, in whole or in part, on notice to you. The Kushader Co shall only be liable to refund monies already paid by you (see The Kushader Co’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

  • At any time, you can choose to stop using the Website, with or without notice to The Kushader Co.

  • 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.

  • In the event of any dispute arising between you and The Kushader Co, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

  • Nothing in the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

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