Terms and conditions

  1. Introduction
    1. This website can be accessed at www.d2e.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Down2earth Garden Creations Pty Ltd. (“Down2earth Creations”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods and services, and the use of the Website.
    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” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods including garden, plants, pots, home and decor and related services, and more.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Down2earth Creations ; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Down2earth Creations; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Down2earth Creations to explain it to you before you accept the Terms and Conditions or continue using the Website. .
    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 Down2earth Creations in terms of the CPA.
    6. Down2earth Creations 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.
  3. Standard Returns Policy

  4. Preparing your products for a return

    To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

        • package your products safely and securely for protection during transit;
        • clearly mark your return reference number on the outside of the parcel; and
        • include all accessories and parts that were sold with the product.

    Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

    1: Unwanted products

    You can return an unwanted product to us at no charge, provided:

        • it is undamaged and unused, with the original labels and stickers still attached;
        • save in relation to Unboxed Deals, reconditioned products and used products, it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;
        • it is not missing any accessories or parts;
        • you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and
        • it is not one of the products listed below.

    Changed your mind?

    Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

        • a newspaper, periodical or magazine;
        • a foodstuff, beverage or other product intended for everyday consumption;
        • a beauty product or fragrance which has been used;
        • a product which has been personalised for you or made to your specifications; or
        • a flatpack furniture product that has been assembled after delivery.

    We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

    Want to exchange?

    An Unboxed Deal, reconditioned product or used product can only be exchanged for a variation of the same Unboxed Deal, reconditioned product or used product, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).We are entitled to inspect the product to validate your return. 

    Not what you ordered?

    If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

    2: Products damaged on delivery

    Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

    3: Defective products

    We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

        • faults resulting from normal wear and tear;
        • damage arising from negligence, user abuse or incorrect usage of the product;
        • damage arising from electrical surges or sea air corrosion;
        • damage arising from a failure to adequately care for the product;
        • damage arising from unauthorized alterations to the product;
        • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
        • in relation to Unboxed Deals or used products, signs of handling and/or repackaging.

    Standard Warranty

    If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.Where you request a repair / replacement of an Unboxed Deal, reconditioned product or used product and a repair is not possible, we will see if we have a replacement Unboxed Deal, reconditioned product or used product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not an Unboxed Deal, reconditioned product or used product) is not the same product as an Unboxed Deal, reconditioned product or used product. This is why Unboxed Deals, reconditioned products and used products are discounted, compared to products in perfect condition.A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Down2earth Creations is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.PLEASE NOTE: Unboxed Deals, certain reconditioned products and used products do not have extended supplier warranties and this will be made clear on the product description page.

    Direct Warranty (stipulated on product page)

    A direct warranty product is a product for which the relevant manufacturer wishes to manage defective returns itself, directly with the customer, and not through Down2earth Creations.If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details. The relevant manufacturer will then assist you further, but if you have any difficulty, please let us know and we will be happy to assist you where we can.Damaged or defective large products like pots can be returned within 7 days in accordance with our returns policy. After 7 days the supplier will come to you to inspect the product and assist you with a possible repair, replacement or refund. In the event of a refund, it will be done by Down2earth Creations. Our Customer Service Team will provide you with the supplier details when you as customer log the problem.Other than this, the same limits and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.

 

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

      • faults resulting from normal wear and tear;
      • damage arising from negligence, user abuse or incorrect usage of the product;
      • damage arising from electrical surges or sea air corrosion;
      • damage arising from a failure to adequately care for the product;
      • damage arising from unauthorized alterations to the product;
      • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
      • in relation to Unboxed Deals or used products, signs of handling and/or repackaging.

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.

Where you request a repair / replacement of an Unboxed Deal, reconditioned product or used product and a repair is not possible, we will see if we have a replacement Unboxed Deal, reconditioned product or used product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not an Unboxed Deal, reconditioned product or used product) is not the same product as an Unboxed Deal, reconditioned product or used product. This is why Unboxed Deals, reconditioned products and used products are discounted, compared to products in perfect condition.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Takealot is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

PLEASE NOTE: Unboxed Deals, certain reconditioned products and used products do not have extended supplier warranties and this will be made clear on the product description page.

Direct Warranty (stipulated on product page)

A direct warranty product is a product for which the relevant manufacturer wishes to manage defective returns itself, directly with the customer, and not through Takealot. Some examples include Dell, Nespresso, Xbox and PlayStation products.

If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details. The relevant manufacturer will then assist you further, but if you have any difficulty, please let us know and we will be happy to assist you where we can.

Damaged or defective Large Appliances items can be returned within 7 days in accordance with our returns policy. After 7 days the supplier will come to you to inspect the product and assist you with a possible repair, replacement or refund. In the event of a refund, it will be done by Takealot. Our Customer Service Team will provide you with the supplier details when you as customer log the problem.

Other than this, the same limits and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.

  1. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Down2earth Creations. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. 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.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    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.
    6. You agree to notify Down2earth Creations 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.
    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.
    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 authorised Down2earth Creations representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    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 authorised Down2earth Creations representative.
  2. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which Down2earth Creations may accept or reject. Whether or not Down2earth Creations 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 Down2earth Creations for the Goods.
    2. NOTE: Down2earth Creations will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Down2earth Creations come into effect (the “Sale”). This is regardless of any communication from Down2earth Creations stating that your order or payment has been confirmed. Down2earth Creations will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
    4. Placing Goods in a wishlist or shopping basket 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 or the price thereof might change without notice to you. You cannot hold Down2earth Creations liable if such Goods 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.
    5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Down2earth Creations, Down2earth Creations 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 you have placed an order, Down2earth Creations will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    6. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    7. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  3. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Down2earth Creations, payment can be made for Goods via –
      1. 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. Down2earth Creations will not accept your order if payment has not been received;
      2. Instant EFT;
      3. For security reasons we do not accept cash on delivery
    3. You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  4. Delivery of goods
    1. Down2earth Creations offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
    2. For more information about delivery, please see our FAQs: Shipping and Delivery, 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 FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    3. Where it accepts your order, Down2earth Creations will deliver the Goods 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 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.
    4. Down2earth Creations’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. Down2earth Creations is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  5. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of 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 the Returns Policy. 
    2. Liquor
      1. Down2earth Creations do not sell liquor.
    1. Privacy policy
      1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
      2. 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 –
        1. your name and surname;
        2. your email address;
        3. your physical address;
        4. your gender;
        5. your mobile number; and
        6. your date of birth.
      3. 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.
      4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
      5. Subject to clause 15.6 below, we will not, without your express consent:
        1. use your personal information for any purpose other than as set out below:
          1. in relation to the ordering, sale and delivery of Goods;
          2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
          3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
          4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
        2. disclose your personal information to any third party other than as set out below:
          1. 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;
          2. 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);
          3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
          4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
          5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
          6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
      6. 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, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Down2earth Creations is entitled 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.
      7. We will ensure that all of our employees, suppliers and sub contractors and partners having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
      8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
      9. We will –
        1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
        2. 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;
        3. provide you with access to your personal information to view and/or update personal details;
        4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
        5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
        6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
      10. We will 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.
      11. Down2earth Creations undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
      12. 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.
      13. If you disclose your personal information to a third party, such as a subcontractor which operates a website linked to this Website or anyone other than Down2earth Creations, Down2earth Creations 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. You should always ensure that you read the privacy policy of any third party.
      14. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.
  6. Changes to these Terms and Conditions
    1. Down2earth Creations 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.
    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.
  7. Electronic communications
    1. 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 15 above.
  8. Ownership and copyright
    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 Down2earth Creations.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. 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 us .
    4. Where any of the Website Content has been licensed to Down2earth Creations, 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.
  9. Disclaimer
    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.
    2. Whilst Down2earth Creations takes reasonable measures to ensure that the content of the Website is accurate and complete, Down2earth Creations 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 Down2earth Creations’s representatives, Down2earth Creations shall not be bound thereby.
    3. Down2earth Creations 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.
    4. 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.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Down2earth Creations, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Down2earth Creations 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 willful misconduct of Takealot, its employees, agents or authorised representatives. Takealot 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.
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  10. Availability and termination
    1. We will use reasonable endeavours 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.
    2. Down2earth Creations may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Down2earth Creations 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.
    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, 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.
    4. Down2earth Creations 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 intended by Down2earth Creations 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 Down2earth Creations, in whole or in part, on notice to you. Down2earth Creations shall only be liable to refund monies already paid by you (see Down2earth Creations’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.
    5. At any time, you can choose to stop using the Website, with or without notice to Down2earth Creations.
  11. Governing law and jurisdiction 
    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.
    2. In the event of any dispute arising between you and Down2earth Creationst, 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.
    3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  12. Notices
    1. Down2earth Creations hereby selects 165, Maria Bronkhorst, Ashlea Gardens, Pretoria,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Down2earth Creations may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Down2earth Creations not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      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.
  13. Complaints 
    1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website or you can contact our call centre on 0129889.
    2. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: [email protected]

  14. General
    1. Down2earth Creations 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.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or Down2earth Creations to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. 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.
      5. 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.
      6. These Terms and Conditions contain the whole agreement between you and Down2earth Creations and no other warranty or undertaking is valid, unless contained in this document between the parties.
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