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Terms and Conditions

TERMS & CONDITIONS OF SALE

SALE OF GOODS

  1. These Terms and Conditions of Sale govern the sale of products (“Goods“) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed here
  2. Once you tick the box labelled “I accept“, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at info@chubbybunny.co.za to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.

PAYMENT

  1. Payment can be made via the Website by –
    • credit card- where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required;
    • direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received;
    • cheque deposits, by prior arrangement with the Company, and in which event the Company will only execute the order on notification of clearance of the deposit.
    • once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

PRIVACY

We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

CANCELLATION AND REFUND

  1. You are entitled to cancel your order for defective Goods. In such an event –
    • you will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
    • you undertake not to utilise the Goods;
    • your agreement of purchase will be deemed to have been cancelled, and
    • you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges. Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are newspapers, periodicals, magazines and books, or where audio or video recordings or computer software were unsealed by you, or where goods are made to your specifications or are clearly personalised.
    • Your right to cancel your order for Goods without penalty set out in this clause, shall furthermore not apply where the Goods that you have ordered are prepaid cellular airtime voucher codes or prepaid gaming voucher codes.
  2. The Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 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 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.

RETURNS

  1. Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 6 months after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
  2. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details) and you will be credited or refunded for the postage costs incurred, up to a maximum of the whatever the current Company Postal Delivery rate is, to The Company’s address.
  3. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return.

BREACH

  1. If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
    • any amounts that may be due to it in terms of this agreement; and
    • any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

NOTICES

  1. The Company hereby selects Unit 7, Reef Industrial Park, Main Reef Rd, Dunswart, Boksburg as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium“). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
    • by hand will be deemed to have been received on the date of delivery;
    • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    • 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.

GENERAL

  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
  2. Any failure on the part of you or the Company 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 these 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 of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.
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