TERMS & CONDITIONS

ACCEPTANCE OF TERMS OF USE / DISCLAIMER

1. The Terms and Conditions set out below apply to every person who uses, accesses, refers to or views this website (“The Customer”). The Customer’s access to this website constitutes his/hers/its agreement and acceptance of these Terms and Conditions.

2. What We Cherish (Pty) Ltd (“WWC”) makes no representation or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the services, the information and the images contained on this website, and the services are therefore used at your own risk. More specifically WWC makes no warranty that the services will meet The Customer’s individual requirements, be uninterrupted, complete, timely, secure or error free.

3. The Customer expressly agrees that the service and all products delivered to him/her/it through the service are provided ‘as is’ and ‘as available’ for the Customer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement.

4. If The Customer does not agree with any provision contained in these Terms and Conditions, The Customer must immediately stop using the website.

INDEMNIFICATION

5. The Customer indemnifies and holds WCC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all loss, liability, costs, demands and damages of any kind, including but not limited to direct, indirect, special or consequential damages, and whether in an action based on contract, negligence or any other action arising out of or in connection with the failure or delay in the performance of the services offered on this website, or the use of the services, information and/or images available on this website, whether due to negligence or not.

CAPACITY TO CONTRACT

6. By using this website, the Customer warrants that he/she/it has the necessary legal capacity to contract.

PERSONAL INFORMATION

7. The Customer’s submission of personal information through the website is governed by our Privacy Policy.

USE OF SERVICES / SCOPE OF PERMITTED USE

8. The Customer may only use the services of this website for lawful purposes and The Customer warrants that he/she/it shall not:

1. 1. use the services of this website to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of contract, in breach of confidence, in breach of any intellectual property rights or otherwise objectionable or unlawful

1. 2. alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the website material;

1. 3. transfer any rights or obligations in terms of these Terms and Conditions to any other person or entity;acquire any ownership rights or rights of use in or to any material on this website by downloading that material or by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that material.

PRODUCTS OR SERVICES

9. The products/items on the website may have limited quantities and are subject to return or exchange only according to our Return Policy.

10. WWC has made every effort to display as accurately as possible the colours and images of the products/items that appear on the website but cannot guarantee that the Customer’s computer monitor’s display of any colour will be accurate.

11. WWC does its best to ensure that the products/items we deliver to the Customer are of a high quality, and in good working order. Please note that the products/items are unique, handmade and hand dyed. Hand dyeing can often be unpredictable, but WWC values these subtle shifts and changes in hue and embrace them as part of the manufacturing process. These variations mean patterns and colours will vary and that each piece is unique.

12. WWC reserves the right to limit the quantities of any products or services what WWC offers. All product information is subject to change without notice to the Customer.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

13. At WWC we love hearing from you. The Customer agrees by submitting anything to us that we may edit, distribute and/or use any material the Customer sends to WWC. We generally respond but will do so at WWC’s discretion.

14. The Customer agrees not to violate any person or proprietary rights in WWC’s comments and to represent him/her/itself and his/her/its situation accurately. We are not responsible for third-party comments or feedback on this website, but will remove anything that is obscene, defamatory or unlawful.

INTELLECTUAL PROPERTY

15. The Customer acknowledges that WWC owns the intellectual property rights in and to this website, and that the unauthorised use thereof is expressly prohibited.

SECURITY AND THE USE OF PASSWORDS

16. The Customer may choose or be allocated a password in order to enable that Customer to gain access to certain parts of this website or the website material.

17. WWC may, in its sole discretion, at any time and for any reason revoke The Customers password and consequently his/hers/its access to certain parts of the website.

18. The Customer undertakes to keep his/her/its password secure and confidential.

19. The Customer will be responsible and wholly liable for any use or misuse of his/hers/its password. Any actions or omissions committed through the use of The Customers password shall be considered to have been committed by him/her/it.

COOLING OFF PERIOD

20. In terms of Section 42 of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”), all goods available on this website are exempt from Section 44 as they are goods that by reason of their nature cannot be returned and services that have begun with The Customers consent before the end of the cooling off period referred to in Section 44(1) of the Act.

GUARANTEES AND WARRANTIES

21. Due to the nature of the goods and services provided by this website, Interlink does not provide any guarantee or warranty in respect of the goods or services purchased via this website.

FEES AND CHARGES

22. The Customers acquisition of goods and/or use of services offered on this website may be subject to fees and charges and you authorise WWC to charge such fees and charges to The Customer by way of his/her/its account with WWC.

23. WWC reserves the right to refuse any order the Customer places through the website. WWC may, as its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

24. If WWC makes a change or cancels an order, we will attempt to notify the Customer by contacting the e-mail and/or billing address and/or phone number provided by the Customer. We reserve the right to limit or prohibit orders that, in WWC’s sole judgement, appear to be placed by dealers, resellers or distributors.

25. The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made through WWC’s website. The Customer agrees to promptly update his/her/its account and other information, including his/her/its email address and credit card numbers and expiration dates, so that WWC can complete the transaction and contact the Customer as needed. For more details, please review our Payment Policy and Returns Policy.

VARIATION OF THESE TERMS AND CONDITIONS

26. WWC reserves the right, in its sole discretion, to amend, add or vary these Terms and Conditions at any time and from time to time without notice to The Customer.

27. Any such amendments shall come into effect immediately and automatically.

28. The Customer undertakes to review these Terms and Conditions regularly prior to the use of this website.

CHANGES TO THE WEBSITE AND REMOVAL OF ACCESS

29. WWC may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this website at any time without prior notice to The Customer.

30. WWC may impose limits on certain features and services or restrict The Customer’s access to any part of or all of the website without notice or liability.

TERMINATION

31. If The Customer breaches any of these Terms and Conditions, WWC may immediately and without notice to The Customer, terminate The Customer’s use of and access to WWC’s website and/or prohibit his/hers/its future access to and use of WWC’s website, without incurring any liability to The Customer of any nature whatsoever and howsoever arising, and all of WWC’s rights in this regard are expressly reserved.

GENERAL

32. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Republic of South Africa, and The Customer shall submit to the jurisdiction of the South African Courts.

33. Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and shall be severed from the balance of the Terms and Conditions without invalidating the remaining provisions of these Terms and Conditions.

34. Any costs, including costs on the attorney and client scale incurred by WWC arising out of The Customer’s use of this website, or a breach of these Terms and Conditions, will be borne by The Customer.

35. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

36. WWC’s failure to exercise any particular right or provision of these Terms and Conditions should not be construed as a waiver of such right or provision.

37. These Terms and Conditions along with WWC’s Policies, as varied by WWC from time to time, constitute the whole agreement between The Customer and WWC.