Terms and Conditions

 

Terms and Conditions of Website Use

These Terms and conditions (“Terms”) govern use of the website of Daddy & Fox (Proprietary) Limited (the “Company”) located at domain name www.daddyandfox.com (the “Website”) by user/s (the “User” or “Users”).  By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice.  If the User does not wish to be bound by these Terms, the User may not access, display, use, or download content from, the Website.

The Company reserves the right to periodically change, modify, add to or remove from portions or the whole of these Terms without notice, and the User is responsible for checking these Terms periodically for revisions.  All amended terms become effective upon posting at the Website, and any use of this Website after such revisions have been posted signifies User’s consent to the changes.

  1. DEFINITIONS AND INTERPRETATIONS
    •  “Company” means Daddy & Fox (Pty) Limited, Company Registration Number: 2012/065030/07, of P.O. Box 7521, Stellenbosch, 7599, South Africa.
    • “User” means the person, firm, entity or company using or accessing the Website.
    • “Website” means the website at the domain name www.daddyandfox.com.
    •  Headings are for purposes of identification only and will not limit or otherwise affect the meaning of the Terms to which they relate.
  2. INTELLECTUAL PROPERTY
    • The Website displays content (the “Content”) which is comprised of:
      • copyright (the “Copyright”) in copyrighted works, including without limitation literary works, artistic works, sound recordings and cinematographic films, owned by the proprietors of such copyrighted works, including the Company and other third party owners of such content (the “Content Providers”); and
      • trade marks, trade names, service marks, logos, style names, trading names and any slogans, jingles and associated copyrighted works (the “Trade Marks”), which are proprietary to the Company.
    •  All such Copyright and Trade Marks are protected by South African and International copyright and trade mark laws.
    • All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by the Company and/or the Content Providers, as the case may be.
    • The User is entitled to access the Website and download, reference, reproduce and use the Content for the sole purpose placing an order for the purchase of goods from the Company.   Under no circumstances is the User entitled to access, download, reproduce or use any of the Website or the Content for any purpose other than the purpose expressly set out above.
  3. RIGHTS RESERVED
    •  All rights of any kind in respect of this Website and the Content which are not expressly granted in these Terms are entirely and exclusively reserved to and by the Company.
    • The Company reserves the right to revoke all rights in these Terms without notice, at any time, and for any or no reason.
    • The Company reserves the right to stop the User from accessing and using the Website and reproducing, downloading and distributing the Content, upon breach of any Terms set out herein, and to make any claims or institute legal action or take any steps that the Company deems appropriate to address such breach.
  4. AVAILABILITY OF WEBSITE
    • The Company makes no warranty that access to and use of the Website and the Content will meet the User’s requirements, and cannot guarantee that the Content will be free of any errors and mistakes or inaccuracies, or that there will not be any interruption in service whilst the User is using the Website.
    • If the User detects any errors and mistakes or inaccuracies, or experiences an interruption in service whilst using the Website, the User undertakes to report these to the Company.
    • The User’s access to the Website may from time to time be restricted to allow for repairs, maintenance and the introduction of new functionality.  In such event, the Company will attempt to restore service as soon as reasonably possible.
  5. COLLECTION OF PERSONAL INFORMATION
    • The User may visit the Website without providing any personal information. In this case, the Website servers will collect the IP address of the User’s computer, but not the email address or any other distinguishing information. The information so collected is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.
    • A User may submit certain information (“User Information”) to the Company using the Website interface.  In doing so, the User undertakes to: (a) provide accurate, current and complete information about it as may prompted by any registration interface; (b) maintain the security of its password and login credentials, if applicable; and (c) maintain and promptly update the User Information it provides during this process, so as to keep it accurate, current and complete.
    • The User agrees to responsibly maintain the confidentiality of its username and password, if applicable, and to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password.  The User undertakes to notify the Company immediately of any unauthorised use of its account or any breach of security.
  6. USE OF USER INFORMATION
    • The Company is entitled to use the User Information to monitor the User’s access to the Website, respond to enquiries or request and/or to send the User information about news items or information relating to the Content, from time to time.  The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with the Company, and their successors in title.
    • The User has the right to access User Information held about him and the Company shall provide a copy of the User Information to any User that requests the Company thereto, by mail to: Daddy & Fox (Pty) Limited, P.O. Box 7521,  Stellenbosch, 7599, South Africa.
  7. SUBMISSION OF INFORMATION BY USER
    • The User warrants that information submitted or uploaded via the Website:
    • does not infringe any third party’s rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
    • does not violate any law, statute, ordinance, regulation or legally binding code in any jurisdiction;
    • does not depict graphic violence, is not pornographic or sexually explicit;
    • is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
    • is not intended or likely to cause harm to the Company’s computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  8. NO WARRANTY
    • This Website and the Content are provided “AS IS” without warranty of any kind, either expressed or implied.
    • The Company makes no warranties, nor shall the Company be liable, for any claims related to or arising from the User’s use of the Content. Accordingly, the Company expressly excludes any warranties pertaining to:
      • the completeness, veracity, accuracy, availability or currency of the Website or the Content or the reliability of information displayed at or otherwise made available through the Website, nor does the Company commit to ensuring that the Website remains available or that the Content is kept up-to-date.
      • malicious code – the Company does not make any representations or warranties that the Website does not contain a malicious code.  The User acknowledges and accepts the responsibility to operate its own anti-virus protection.
      • secure communications – the Website is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception.  The User is urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to their communication systems.
    • The Company does not make any warranties or representations to the User relating to the Website, Content or the User’s use of the Website, and to the fullest extent permitted by applicable law, the Company excludes all warranties and representations.
  9. LIABILITY AND INDEMNITY
    • THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE OR THE CONTENT, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.
    • WITHOUT LIMITING THE GENERALITY OF THE EXCLUSION OF LIABILITY ABOVE, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE WEBSITE OR THE CONTENT, WHETHER DIRECT OR INDIRECT, NOR WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY EVENT THAT IS BEYOND ITS REASONABLE CONTROL.
    • THE USER HEREBY INDEMNIFIES AND HOLDS THE COMPANY HARMLESS FROM AND AGAINST ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF THE WEBSITE OR THE CONTENT; OR THE USER’S USE OF THE WEBSITE OR ANY CONTENT; OR THE USER’S VIOLATION OF THESE TERMS.
  10. HYPERLINKS TO THIRD PARTY SITES
    • This Website may contain links to third party websites for the User’s convenience.  The Company has no control over such websites, and the inclusion of a link to a third party website does not imply a warranty, representation or endorsement by the Company or the providers of that third party website or its content, or any products or services offered through that website. If the User is directed through to a third party website, the User will leave the Website, and visit those other websites at the User’s own risk.
    • All online credit card payments are processed by the MyGate Internet Payment Gateway. Users may go to www.mygate.co.za to view the terms and conditions upon which such payments will be effected and the MyGate security policy.
  11. SEVERABILITY
    • If any term or condition of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
  12. BREACH OF THESE TERMS
    • Without prejudice to our other rights under these Terms, if the User breaches any of these Terms in any way, or if the Company suspects on reasonable grounds, that the User has breached any of these Terms in any way, it may:
      • send the User one or more formal warnings;
      • suspend the User’s access to the Website;
      • delete the User’s information from its records;
      • permanently prohibit the User from using the Website;
      • block computers using the User’s IP address from accessing the Website;
      • contact the User’s internet service provider and request that they block the User’s access to the Website; and/or
      • bring court proceeding against the User for breach of contract or otherwise.
    • Where the Company suspends or prohibits or blocks the User’s access to the Website or a part of the Website, the User shall not take any action to circumvent such suspension or prohibition or block (including without limitation submitting or using different information).
  13. MISCELLANEOUS
    • No relaxation by the Company of any of the Terms will be binding for any purpose unless expressed in writing and signed by the Company.  Any such relaxation will be effective only in the specific instance and for the purpose given.
    • No indulgence granted by the Company shall constitute a waiver or abandonment of any of its rights in terms of these Terms.  The Company shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the User which may have arisen in the past or which may arise in the future.
  14. GOVERNING LAW
    • This Website is controlled, operated and administered by the Company or its service provider from within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal, is prohibited. The User may not use this Website in violation of South African export laws and regulations.
    • If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
    • All matters relating to the formation performance and discharge of any contract incorporating these Terms shall be governed by the law of the Republic of South Africa. By agreeing to these Terms, the Customer submits to the jurisdiction of the Courts of the Republic of South Africa for all disputes relating to these Terms.
  15. REQUIRED INFORMATION IN TERMS OF ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT NO. 25 OF 2002 (ECT ACT)  
    • The following information is required to be published by the Website owner in terms of Section 43 (1) of the ECT Act:
    • Full name of Website owner: Daddy and Fox (Proprietary) Limited;
    • Registration number: 2012/065030/07
    • Directors of the Company are: Saskia Ortelee;  Edgar Ortelee
    • The Company’s physical address and address for the service of notices: 23 George Blake Avenue, Stellenbosch, South Africa;
    • The Company’s telephone number: 0861 999 624;  International  +27 21 886 4000.
    • URL and e-mail address: www.daddyandfox.com;  info@daddyandfox.com
    • Membership and contact details of any self-regulating or accreditation body that the Company belongs to: [insert];
    • Any codes of conduct that the Company subscribes to: [insert];
    • Alternative dispute resolution:  Any dispute regarding access to or use of this Website, the Content, and these Terms, shall be referred for expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa, to be heard in Cape Town, in English.
    • This Website was most recently updated in November 2013.

Standard Terms and Conditions of Engagement

The following terms and conditions (the “Terms”) govern all dealings between you (the “Customer”) and Daddy & Fox (Proprietary) Limited (the “Company”). By dealing with the Company via this website, you are deemed to have read these Terms and agree to be bound thereby. If you do not understand any of these Terms, or if you have any questions, please contact us on 0861 999 624; International +27 21 886 4000 or mailto:customerservice@daddyandfox.com.

The Company reserves the rights to change, modify, add or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this website. It is the Customer’s obligation to periodically check these Terms at the Company’s website for changes or updates. The Customer’s engagement with the Company following the posting of changes or updates to these Terms will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms, including such changes or updates.

  1. DEFINITIONS AND INTERPRETATIONS
    • “Company” means Daddy and Fox (Pty) Limited, Company Registration Number: 2012/065030/07, of P.O. Box 7521, Stellenbosch, 7599, South Africa.
    • “Customer” means the person, firm, entity or company engaging with the Company regarding the purchase of Goods from the Company.
    • “Goods” means the Goods sold or offered for sale by the Company to the Customer.
    • Headings are for purposes of identification only and will not limit or otherwise affect the meaning of the Terms to which they relate.
  2. QUOTATIONS AND ORDERS
    • Where the Company makes a quotation, the quotation remains open for acceptance for a period of 30 days, after which it will be subject to confirmation in writing by the Company and if confirmed will remain subject to the remainder of these Terms. Confirmation of an order will be subject to availability of Goods.
    • These Terms supersede and cancel any/all previous terms and conditions given either verbally or in writing in respect of the offer for sale and sale of the Goods by the Company.
    • The terms and conditions referred to in the Customer’s purchase order will not bind the Company in any way unless they are specifically incorporated as part of these Terms and attached hereto signed by an authorised representative of the Company.
    • No agent, employee or representative of the Company (other than a director) has authority to vary these Terms nor to make any representation as to the effect of these Terms.
    • In the event of a conflict between the terms appearing on documents included as part of a quotation by the Company and these Terms, the latter will prevail.
  3. PRICES 
    • Unless otherwise agreed all prices indicated by the Company are in South African Rands.
    • All prices indicated are inclusive of: value-added tax (VAT); exclusive of duties, surcharges or clearing charges, and these will be for the Customer’s account.
    • Prices indicated for the sale of Goods are ex works so transportation and delivery charges for delivery of the Goods from the Company to the Customer will be for the Customer’s account.
    • All prices quoted and accepted may be increased by the Company on written notice of increase to the Customer in any of the following circumstances:-
      • When the dispatch date is longer than 3 months from the date of the quotation, the Company may increase the price to the extent that labour, material or other direct costs increase during the period between quotation and delivery.
      • Whatever the period indicated for delivery, if any alteration to the specification of Goods, delivery method, packing or insurance is made at the request of the Customer to the extent that such alteration would have given rise to an increase in the quoted contract price had it been allowed for.
  4. SPECIFICATIONS
    • While the Company makes every effort to ensure that the Goods supplied correspond in every respect to the sample, specification or description provided, the Company will not be responsible for minor variations from or of the specification or other design feature and no such minor variation will entitle the Customer to rescind the contract nor will they be the subject of any claim against the Company by the Customer nor will they vary these Terms.
    • Any mention in any brochure, promotional material or advertisement of suitable applications or expected performance of any Goods will be indicative and for guidance only and will not form part of any contract entered into by the Company.
  5. DELIVERY
    • Stock permitting and subject to receipt of payment, all orders are usually despatched within 7 working days from date of order, during normal working hours, and handed to the Courier company for delivery, to arrive with Customers in South Africa within 3-5 working days. Unless otherwise specified, delivery is free. For very remote areas not serviced by the Standard Courier service, the company will deliver via Post Office, or the nearest town to the Customer that is accessible by our designated couriers within their normal routes. If delivery is requested to very remote areas, a surcharge will be applied for the Customer’s account – we will inform you if this is the case. If you require the goods urgently ie. Overnight Express, please let us know at customerservice@daddyandfox.com and we will gladly request a quotation on your behalf for express delivery to your address.
    • The Company will make every effort to meet the estimated delivery date but unless specifically stated on the Company’s quotation/acceptance of order, the time of dispatch will not be a material term of this contract.
    • In the event that an item of the Goods is temporarily out of stock, the Company will notify the Customer of the delay and dispatch the Goods as soon as these arrive. If a Customer has ordered more than one item of Goods, these may be sent to the Customer in instalments, as the items arrive in stock. Should an item be out of stock, and can no longer be sourced, the Company will communicate to the Customer, and discuss alternatives inclusive of full refund if this is what the Customer so chooses.
    • Delivery dates may be extended by the Company for any other reason beyond the Company’s control.
    • The Company will not be liable for any losses costs damages or expenses (including consequential or indirect losses or damages) suffered or incurred by the Customer as a result of failure to meet any estimated delivery date.
    • The means of delivery of the Goods will be at the discretion of the Company except where specifically otherwise agreed in writing. If, on the Customer’s behalf, the Company agrees to arrange carriage/freight and/or insurance of Goods in transit to the destination indicated by the Customer, then the Company will act as the Customer’s agent and will be indemnified by the Customer against any costs and expenses involved and, provided that the Company has acted reasonably in selecting the carrier and/or making the insurance arrangements, the Company will not be liable to the Customer for any loss or damage arising out of or in connection with the carriage of the Goods.
  6. CANCELLATION
    • The Customer has the right to cancel a sale of Goods, within 7 days of taking delivery of the Goods, provided that the Customer will notify the Company of such cancellation in writing to customerservice@daddyandfox.com within this period.
    • If the customer elects to cancel a sale of Goods within this period, then:
      • If the Customer has taken delivery of the Goods, the Customer will return the Goods to the Company within 7 days of receipt thereof and all costs associated with such return will be for the Customer’s account; and
      • any payments made by the Customer will be refunded by the Company in full within 30 days of receipt by the Company of the returned Goods or if, delivery has not occurred, within 7 days of receipt of notice of cancellation. The Company reserves the right to levy a cancellation fee of 10% for returned orders should the returns process incur significant administration expenses, except in the case when the Customer cancels due to an out-of-stock situation.
  7. SPECIAL OFFERS & PROMOTIONS
    • Unless otherwise stated, special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of gift vouchers.
    • If a promotion is valid only for orders over a certain amount, that amount does not include delivery or the cost of a gift box.
    • If a free gift is provided to a Customer with an order for the purchase of Goods over a certain threshold value and items are returned so that the total Goods purchased is under the threshold value, that gift must be returned or the Customer will be charged for the gift at the advertised amount.
  8. RISK AND TITLE
    • Goods will be at the Customer’s risk from the time of delivery by the Company to the Customer or to a carrier/shipper for onward carriage/shipment to the Customer, whichever first occurs.
    • Notwithstanding delivery of the Goods or passage of risk in the Goods, property and title of the Goods will remain in the Company and will not pass to the Customer until the purchase price of the Goods plus any other charges which are the subject of the contract between the Customer and the Company payable by the Customer under these Terms are received by the Company in full.
  9. IMPORT REQUIREMENTS
    • The Customer will be responsible for obtaining any import licence certificate of origin or other documentation for the importation of the Goods and will be liable for any duty, tax, imposts or outlays of whatsoever nature levied by authorities in the Republic of South Africa or abroad for or in connection with the Goods either when the Goods are initially delivered to the Customer or when the Goods or any part of them are returned to the Customer by the Company after repair or replacement, and for payments fines, expenses, costs, charges, losses or damages incurred or sustained by the Company in connection therewith.
    • If the Customer fails to obtain any necessary import licence or other documentation in due time, the Company will have the right either to postpone delivery or to cancel the contract in whole or part without being under liability to the Customer but the Customer will be liable for any loss (including loss of profit) or expense suffered or incurred by the Company as a result thereof.
  10. DEFECTIVE GOODS 
    • The Customer will inspect the Goods on delivery and will be deemed to have accepted the Goods as being in accordance with the contract, unless within 30 days of delivery the Customer notifies the Company of any alleged defects in the Goods and make any claims against the Company in writing within this time.
    • If the Customer fails to notify the Company of claims within the time stipulated such claims will be deemed to have been waived and to have been barred.
    • The Company undertakes that if any Goods delivered to a Customer are shown, within a period of 30 days of delivery, to be defective in material or workmanship the Company will at its option either replace or repair, free of charge, such defective Goods, or refund to the Customer the price of such Goods. The Company reserves the right to decide on the method of dealing with a claim under this clause.
    • The Company will deliver a freepost envelope for the return of the goods and the Customer will return the defective Goods within 30 days of receipt of the envelope.
    • ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION WHETHER STATUTORY OR OTHERWISE AS TO GOODS SOLD BY THE COMPANY IS HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
  11. RETURNS POLICY
    • A Customer may return any item of the Goods within 21 days of receipt for refund or exchange as long as those items are undamaged, unwashed, unworn (except for the purposes of trying on) and with the original tags attached, provided that this period may be shorter for sale items.
    • If you are not entirely satisfied due to sizing issues, or you had something else in mind, drop us a mail at customerservice@daddyandfox.com or call us on 0861 999 624; fill in the return slip which will be emailed to you and we will arrange for the collection of the goods by our designated courier. We will either replace or refund the product, depending on the circumstance,  within 2 business days of receipt of the package at our warehouse. Kindly note we only accept exchanges for like items in a different size and/or colour.
  12. DISCLAIMER & LIMITATIONS OF LIABILITY
    • To the fullest extent permitted by law and save as provided above, the Company will not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of the Company or any of its members, agents, directors, employees or otherwise) for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the Goods or their use or resale by the Customer.
    • The entire liability of the Company under or in connection with any contract for any Goods to which these Terms apply will not exceed the price of the Goods, except as expressly provided in these terms.
    • The Company will not be liable to you or be deemed to be in breach of these Terms or any other contract with the Customer by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods ordered by the Customer if the delay or failure was due to any cause beyond its reasonable control.
  13. MISCELLANEOUS
    • No relaxation by the Company of any of the Terms will be binding for any purpose unless expressed in writing and signed by the Company. Any such relaxation will be effective only in the specific instance and for the purpose given.
    • No indulgence granted by the Company shall constitute a waiver or abandonment of any of its rights in terms of these Terms. The Company shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
    • The Company may assign or transfer any of its rights or sub-contract any of its obligations under these Terms to any third party. The Customer may not assign or transfer any of its rights or sub-contract any of its obligations under these Terms except with the express written permission of the Company.
    • All matters relating to the formation performance and discharge of any contract incorporating these Terms shall be governed by the law of the Republic of South Africa. By agreeing to these Terms, the Customer submits to the jurisdiction of the Courts of the Republic of South Africa for all disputes relating to these Terms.

 

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