Terms and Conditions - Klooftique
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INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and items provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

 

USE OF SITE & PROHIBITIONS
The Site allows you to view products online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites or services. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to alter or change any of our designs of manufacturing processes at our discretion and without  notification

 

PAYMENTS AND PROCESSES OF INVOICES

Pricing is subject to change and without prior notice. Quotations are valid for 14 days from date of issue.

Klooftique has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Klooftique prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or FTP. Payments made by EFT (Electronic funds Transfer) require a 48 hour period to clear funds and allocate them to the orders. Klooftique does not accept payment by cheque because of the high risk of fraud prevalent in South Africa. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Klooftique has all the discretion to cancel or deny orders. Klooftique is not responsible for pricing, typographical, or other errors in any offer by Klooftique and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Klooftique reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

The prices on the Klooftique website and in store are quoted in South African Rand and are effective only in relation to supply in South Africa. Klooftique reserves the right to change pricing without notification.
Full payment of the price and delivery charges (where applicable) s required before products will be delivered to or collected by the customer.

Payments can be made either in cash, by credit card or by electronic funds transfer (EFT). In the case of EFT payments, products will only be released for collection / delivery once payments reflect on the Klooftique bank statements. Bank statements take 2-4 business days to reflect EFT payments.Until such time as payment has been made in full, the product remains the property of Klooftique irrespective of deposits received.The invoice must be retained as proof of purchase and payment.

 

PRODUCT PRICING & DESCRIPTIONS
The prices displayed on this site are quoted in South African Rands inclusive of Value Added Taxation (‘VAT’) and are valid and effective only in South Africa. In cases of mispricing in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free..

 

EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

 

FRAUD
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Klooftique shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed R5,000 or the total price of the subject products paid or payable to you whichever is less.We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

 

CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Klooftique. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

 

NON-WAIVER
Failure of Klooftique to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

 

MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of www.klooftique.com, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of www.klooftique.com, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

 

TRADEMARKS
Klooftique, and other Klooftique graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Klooftique in South Africa. Klooftique’s trademarks and trade dress may not be used in connection with any product or service that is not Klooftique’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Klooftique. All other trademarks not owned by Klooftique or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Klooftique or its affiliates.

 

DELIVERY POLICY
The delivery lead time quoted to you at the time of order is an at best estimate of the delivery date. Whilst every effort is made at all times to achieve this date, it does happen from time to time that delays are encountered that are often outside of our control. Klooftique will make every effort to expedite delayed lead times and will make every effort to ensure that the customer is updated on the progress of the order.

The customer will be charged for the cost of delivery which will be reflected on the appropriate invoice in accordance with Klooftique policy.Klooftique does not offer an in-house delivery service and all deliveeries are contracted to a non affiliated third party,
Our logistics and administration department will contact the customer per email to arrange delivery on any weekday between 9h00 and 16h00. No deliveries will be made during weekends or public holidays. Reasonable endevours will be made to deliver the product on the arranged date and time. Circumstances that are unforeseen or beyond Klooftique’s control may however result in charges to the agreed delivery date and time, of which the customer will be informed telephonically or by email and alternative arrangements will be made. Klooftique cannot be held responsible for delays in transit or delivery nor are we able to commit on behalf of the delivery company to a set time.

The customer is required to inspect products on delivery. The customer or the person taking delivery on behalf of the customer will be requires to sign a proof of delivery (POD). Unless indicated to the contrary on the POD, it is deemed that the product delivered and received in good condition and, where appropriate, in accordance with the customer’s specifications.The customer must ensure that the place of delivery is accessible, that the relevant areas have been cleared prior to delivery. This includes the removal of all breakable objects. No products will be hoisted over balconies or through windows unless otherwise agreed to and quoted for. Should hoisting be required, the customer will arrange this at own cost. The customer accepts all risk of all damages that may result due to non-compliance by the customer. The customer will be charged for any additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointment time for the delivery/collection.The delivery is non-refundable.

 

COLLECTIONS
The customer or person collecting the product must produce the original invoice in order for Klooftique to release the product. The person producing the original invoice shall be deemed to be the duly authorised agent of the customer.

Unless indicated to the contrary on the collection note it is deemed that the product has been collected and received in good condition and, where appropriate, in accordance with the customer’s specifications.Klooftique will not in any way be liable for the damage that may occur after the products have been handed to the customer or person collecting on behalf of the customer or during the loading and conveyance thereof.
It is the customer’s responsibility to ensure that a suitable collection vehicle is utilized in order to accommodate the size of the product in an upright position and that it is loaded and secured to prevent damage. The customer is also responsible for supplying the necessary equipment e.g. rope and blankets, to stabilize the products during transportation.
Klooftique reserves the right to change these terms and conditions without notice. Discretion to be applied in all instances.

MEASUREMENTS
We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you, or minor alterations made by the supplier. Please email ahead if a small change in size may deem the item unusable.All dimensions specified by us are approximate.

 

RETURN POLICY
All merchandise displayed and sold by Klooftique is subject to stringent quality control standards. Should a customer not be satisfied with any product received within 7 days from date of receipt, Klooftique will endeavour to repair or replace the item in question. If within a reasonable time period Klooftique is unable to repair or replace the item a full refund of all monies paid will be made.

 

RETURNS/ REFUNDS
Goods that have been custom made and not purchased EX STOCK, which are returned in good order within 7 days: – A full credit will be passed to the value once the goods have been sold off our showroom floor. This credit will be exclusive of the delivery and collection charges which are still payable by the client.Goods purchased ex stock and returned in good order within 24 hours:- A full credit will be passed to the value. This credit will be exclusive of delivery and collection charges which are still payable by the client.
Orders which are cancelled within 7 days from receipt of deposit payment: – A 10% handling fee will be levied on cancellation of order.Third party suppliers can occasionally cause unforeseen delays; should an order be running behind schedule, cancellation thereof based on the order being ‘late’ will not be accepted by Klooftique nor any remuneration offered.

No special orders will be subject to return, exchange or refund.

Should you change your mind about a purchase but the product is unflawed or undamaged, Klooftique is not obliged to accept the return.All credits passed are valid for 3 months only. NO CASH REFUNDS

 

RISK OF LOSS
Customers who elect to collect from Klooftique’s premises unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you or your appointed agent. The risk of loss and title passes to you, the customer, upon delivery as evidenced by the signature of the person taking delivery, on our copy of the invoice.

 

COLOURS
The colours of our products shown on this website may look different on your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of computer screen (LCD, plasma, desktop, laptop etc). For this reason it is strongly recommended that you visit one of our showrooms to see the actual colour of the item. Klooftique cannot be held responsible for any mistakes in ordering items whose actual colour is different from that appearing on the website as viewed on your computer.

 

LEATHER
Natural leathers are soft and velvety. They have been tanned without altering any of their natural features. This is why all the distinctive original markings stand out. This is the living proof of the leather’s absolute natural origins – healed scars and scar tissues, grain variation, colouration, veining and other markings which nature placed on these hides. These are all signs of the inherent value of leather.

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