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Terms and Conditions

Terms and Conditions

INTRODUCTION

This website can be accessed at www.sintuonline.com, related mobi-sites and software applications (the “Website”) and is owned and operated by SintuOnline (Pty) Ltd. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, 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”/” 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. The Website enables you to shop online for an extensive range of goods which may include accessories, apparel, kidswear, footwear, homeware, baby and toddler products, art, health and beauty products, books, music, toys (“Goods”). If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask SintuOnline to explain it to you before you accept the Terms and Conditions or continue using the Website. SintuOnline 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.

DEFINITIONS

Unless the context indicates otherwise, the words and expressions below shall bear the following meanings and similar expressions shall bear corresponding meanings: “Business Day” shall mean any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa; “Customer” shall mean the user of the Website in terms of these Terms; “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets; “Merchant” shall mean SintuOnline (Pty) Ltd, South Africa (Registration number 2018/010827/07) trading as SintuOnline, a private company incorporated in accordance with the laws of the Republic of South Africa; “African(s)” means African citizens or nationals who may or may not be resident in Africa; This includes legal residents of an African country with the rights to work and do business in that country. “Parties” shall mean the Customer and the Merchant and “Party” shall, as the context requires, be a reference to any one of them; and “Terms” shall mean these terms and conditions; “Website” shall mean the website located at www.sintuonline.com and includes any part or element thereof.

PLACING AN ORDER

Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website. The Merchant will only accept orders from and ship goods to the countries specified on the Website from time to time. If shipping options are not available for a country, it means we are not able to ship to that country. Before proceeding to finalise any order, the Customer will be given an opportunity to review and, if required, correct the contents of the Customer’s order as well as any information or addresses provided. Upon finalising this process, notification thereof will be sent to the Merchant and the Customer’s order will only be deemed to be accepted once the Merchant has processed such order and sent the Customer a confirmatory email. The products described or graphically represented on the Website may differ in colour, shape, form, design, contents and appearance from the final product delivered. Conclusion of Sales and availability of stock Registered users may place orders for Goods, which SintuOnline may accept or reject. Whether or not SintuOnline accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by SintuOnline for the Goods. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may cancel the Sale only in accordance with the Returns Policy. Placing Goods in a shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold SintuOnline liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by SintuOnline, SintuOnline 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 are no longer available after placing an order, SintuOnline will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

PRICES

The products and prices stated on the Website are only valid while stocks last. All prices shall only apply during the validity period stated on the Website. The Merchant will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available. All prices quoted on the Website are listed in United States Dollars (USD) or South African Rands (ZAR). If the Customer pays in any currency other than USD or Rands, the exchange rate used by the Customer’s bankers will be applicable. Unless otherwise stated prices are exclusive of delivery charges. The Customer shall pay all customs fees, taxes, duties and the costs of returning any goods to the Merchant. Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process. Under no circumstances will the Merchant be held liable to provide a product which is out of stock or at an outdated or expired price. Site Promotions From time to time SintuOnline will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process. Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.

PAYMENT

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Payment can be made for Goods 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 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. 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; Payments can be made by credit card, but the Merchant only accepts the following credit cards: Visa and MasterCard. 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. SintuOnline will not accept your order if payment has not been received; Instant EFT via PayPal (International Customers) Instant EFT via PayGate (South African Customers) You may contact us via email connect@sintuonline to obtain a full record of your payment. We will also send you email and/or SMS communications about your order and payment. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. The Merchant employs SSL encryption technology to ensure the security of the Customer’s information and transactions. To the extent permitted by law, the Merchant shall not be liable to the Customer for damage or loss suffered or incurred by the Customer relating to the actions or omissions of third party payment gateways. Notwithstanding any other clause contained in these Terms, the Merchant shall have no duty to deliver any product until the Customer’s payment has been cleared by the relevant bank and has been credit and becomes available in the Merchant’s bank account. The Customer’s Order will be cancelled immediately where payment by credit card is not processed by the relevant bank and credited to the Merchant’ bank account within 48 (forty-eight) hours. Within the time of placement of such order, the Merchant shall send a notification of such cancellation to the Customer via email to the address provided by the Customer when the Customer registered on the Website.

DELIVERY

SintuOnline offers one method of delivery of Goods to you, which is via courier. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference. Orders will only be shipped once the Merchant has received full payment of the full, cleared purchase price for the goods and all charges and costs relating to the products. Sales and delivery will only take place in the countries with which we currently trade in. Free standard shipping in the US, UK and RSA is available on orders that exceed the amounts specified on the Website from time to time. Unless otherwise agreed or stipulated in the Customer’s order or on the Website, the Customer’s order will be delivered by the courier company specified by the Merchant, to the address provided by the Customer during the order process. The Customer must ensure that someone will be available at the delivery address during Business Hours (between 08:00 and 17:00 on Business Days) in order to receive delivery of the products. The Customer will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the Customer. The Merchant will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the Customer’s order. However, the size and quantity of an order as well as the distance between the Merchant and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The Customer will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Merchant’ invoice. The Customer acknowledges that the Merchant shall rely on the accuracy of the delivery address as provided by the Customer. The Merchant does not verify the accuracy of any particulars of a delivery address provided by the Customer. The Customer shall check the accuracy of the delivery address every time when placing an order. The Merchant shall not be liable for any costs, loss, damages or claims incurred by the Customer relating to an inaccurate or incorrect delivery address provided by the Customer. Ownership of products ordered will pass to the Customer upon the Merchant receiving full payment for such products. Risk in respect of ordered products will pass to the Customer once they have been collected from the Merchant’s premises by the relevant courier. However, orders are covered by the courier’s insurance, subject to the terms and conditions of such insurance.

CANCELLATION AND RETURNS

SintuOnline maintains a 14-day return policy, effective from the date of shipment delivery to the end customer, provided that the product is in its original condition with all packaging, labels and swing tags intact. For International orders, you will be responsible for shipping the goods back to SintuOnline. On receipt and examination of the returned product, SintuOnline will reimburse the purchase price paid for the product, excluding any applicable charges. SintuOnline will not reimburse any shipping charges relating to the order. You may choose to receive credits for returned goods. Refunds are only processed within 7 working days of receipt of returned goods 1. Send an email to connect@sintuonline.com with ‘Exchange or/and Return’ in the subject line. Providing your order number, product/s to be returned or exchanged and reason for the return. 2. Once received, SintuOnline Customer Care will process and email you a Returns Authorisation Note (RAN) shipping label. 3. To return goods, print out RAN Shipping Label and stick over original packaging then drop off the package with the courier indicated on the label. 4. Upon receipt of returned good, SintuOnline will process your exchange/refund within 7 working days.

PRODUCT WARRANTIES AND LIABILITY

To the fullest extent permitted by law: the Merchant makes no warranties or representations in respect of products sold to Customers; the Merchant shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Customers as a result of products sold by the Merchant; and the Customer indemnifies and holds the Merchant, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by the Merchant or the use of such products.

LIABILITIES REGARDING USE OF THE WEBSITE

The Customer makes use of this Website at his own risk. The Website and all information, content, materials and services included or otherwise made available to the Customer therein are provided on an “as is” and an “as available” basis. the Merchant makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the Customer. To the extent permitted by law, the liability of the Merchant for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any Customer. Notwithstanding anything to the contrary contained in these Terms, the Merchant shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise. The Customer assumes all responsibility and risk for the use of the Website. The Customer hereby indemnifies the Merchant and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the Customer or, where applicable, the Customer’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the Customer, and/or arising from the provisions of these Terms. The Merchant will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of the Merchant. These Terms do not intend to, nor shall they be interpreted to, limit the liability of the Merchant in any way which would be illegal for the Merchant to exclude or attempt to exclude or where such exclusion is prohibited by applicable law.

WEBSITE USE

Only registered users may order Goods on the Website. To register as a user, you must provide a unique username and password and provide certain information and personal details to SintuOnline. You will need to use your unique username and password to access the Website in order to purchase Goods. You agree and warrant that your username and password shall: 1. be used for personal use only; and 2. not be disclosed by you to any third party. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access. The Customer may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of the Merchant. The Merchant reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice. Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of the Merchant unless otherwise stated. The Website may contain links to other websites. the Merchant has no control over such websites, does not review their content and will not be liable for their content or accuracy. The Customer accesses such websites at the Customer’s own risk and discretion. The Customer may not link to this Website without the Merchant’s prior consent. If the Customer commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, the Merchant shall be entitled, in its sole and absolute discretion, to terminate the Customer’s access to the Website immediately, without prior notice, without any liability on the Merchant’s part and without prejudice to the Merchant’s rights in terms of these Terms or at law. The Merchant is hereby indemnified from and against any and all loss by any person which results from a breach of these representations or warranties.

PASSWORDS

If the Customer chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such Customer must keep this information secret and confidential and must not permit anyone else to use it. The Customer shall be responsible for all access to the Website with the Customer’s username and password. When the Customer’s username and password have been used in order to gain access to the Website, the Merchant shall be entitled to assume that such use and all related communications emanate from the Customer. The Merchant shall not be liable for any loss or damage arising from unauthorised use of the Customer’s identification information. In the event that the Customer becomes aware of a breach of the confidentiality of the Customer’s username and password, the Customer must immediately communicate this to the Merchant with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the Customer. The Merchant may, in its sole and absolute discretion and for any reason whatsoever, require the Customer to change his username and password at any time.

DISCLAIMER

Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The Customer makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies the Merchant from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website. 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. Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. The Merchant does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, SintuOnline 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 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, 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 SintuOnline, its employees, agents or authorised representatives. SintuOnline 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.

Limitation of liability

SintuOnline 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 SintuOnline, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to admin@sintuonline.com or by contacting 060 560 2359. SINTUONLINE 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 SINTUONLINE 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.

PROPRIETARY RIGHTS

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 SintuOnline, its advertisers and/or sponsors and/or is licensed to SintuOnline. 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. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 0605602359 or email admin@sintuonline.com Where any of the Website Content has been licensed to SintuOnline 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. The content of the Website is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms. The Customer may not use or copy any of the Intellectual Property or any other intellectual property, content or material on the Website without the Merchant’s prior written consent.

MALICIOUS SOFTWARE

The Customer shall not infect the Website with viruses, worms, trojan horses or any other code that has malicious, contaminating or destructive properties nor shall the Customer damage, interfere with or intercept any data or information contained on the Website. Although the Merchant and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, the Merchant does not warrant that the Website is free of malicious content or viruses and the Merchant will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content which may infect any Customer’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the Customer’s use of the Website or downloads received from the Website. The Customer warrants that he will not use the Website in any manner that will break any law or cause any annoyance, unnecessary anxiety or inconvenience to any person.

ADDRESSES

Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of these Terms and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served: The Merchant: As specified in the Definitions section above. The Customer: As per the address supplied when the Customer registered as a user of the Website. Any Party may by written notice to the other Parties, change its chosen address, telefax number or e-mail address to another address, telefax number or e-mail address.

GENERAL

SintuOnline 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. If at any time there is a failure by the Merchant to insist on strict performance of any of the Customer’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the Customer from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in our privacy policy link on the website.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The Parties agree to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms.

DISCLOSURE OF INFORMATION

The Merchant discloses the following information: Full name and legal status: SintuOnline (Pty) Ltd a private company incorporated in accordance with the laws of the Republic of South Africa. Main business: Online retailer Main description of products sold: Clothing and accessories Postal Address: 204, 23 Arthurs Road, Seapoint, Cape Town, 8060 Website address: www.sintionline.com E-mail address: connect@sintuonline.com Registration number: 2018 / 010827 / 07 Place of registration: South Africa Office bearers: Ms Mpho Sekwele Phone number: 060 560 2359 Official email address connect@sintuonline.com