Terms & Conditions
1. INTERPRETATION AND PRELIMINARY
The headings of the clauses in the Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of the Terms and Conditions nor any clause hereof. In these Terms and Conditions, unless a contrary intention clearly appears:
1.1. Words Importing
1.1.1. any one gender include the other two genders;
1.1.2. the singular include the plural and vice versa; and
1.1.3. natural persons include created entities (incorporated or non-incorporated) and vice versa;
1.2. The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings, namely:
1.2.1. “Day” shall mean any day of the week, excluding Saturdays, Sundays and public holidays;
1.2.2. “Content” shall mean, content currently or anticipated to be displayed on MISCHIEF PRODUCTS (PTY)LTD Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs provided by Mischief Pet Products, its affiliates and/or subsidiaries, or any other third Party;
1.2.3. “Owner(s)” shall mean MISCHIEF PRODUCTS (PTY)LTD, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.4. “Supplier” shall mean any person, company, natural or juristic person contracted by MISCHIEF PRODUCTS (PTY)LTD for the supply of products or services its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.5. “Terms and Conditions” means the contents of this document together with any annexures, appendices, amendments and updates hereto;
1.2.6. “User” means any User of MISCHIEF PRODUCTS (PTY)LTD’ Website;
1.2.7. “Website” means MISCHIEF PRODUCTS (PTY)LTD’ website located at the domain name www.mischiefproducts.co.za;
1.2.9. “Parties” shall mean MISCHIEF PRODUCTS (PTY)LTD and the User, and “Party” shall mean any one of them as the context may indicate.
1.3. Any provision of these Terms and Conditions imposing a restraint, prohibition or restriction on the User shall be so construed that the User is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition or restriction is observed by all representatives of the User accessing and/or using the Website under, by arrangement with, or at the invitation of the User (without limiting the generality of this provision) its associates, directors, members, officers, employees, agents and customers of the User.
1.4. When any number of days is prescribed in these Terms and Conditions, same shall reckoned exclusively of the first and inclusively of the last day unless the last day falls on the Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
1.5. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
1.6. Expressions defined in these Terms and Conditions shall bear the same meanings in schedules, annexures, addendums and amendments to these Terms and Conditions which do not themselves contain their own definitions.
2.1. These Terms and Conditions govern the User’s use of MISCHIEF PRODUCTS (PTY)LTD’ Website.
2.2. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out below.
2.3. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute the Website, or any content thereof.
3. AMENDMENT OF THE TERMS AND CONDITIONS
3.1. MISCHIEF PRODUCTS (PTY)LTD reserves the right to, at its sole discretion, change, modify, add or remove portions or the whole of the Terms and Conditions from time to time.
3.2. Changes to the Terms and Conditions will become effective upon such changes being posted to the Website.
3.3. The onus rests with the User to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.
3.4. The User’s continued use of the Website following the posting of any changes or updates by MISCHIEF PRODUCTS (PTY)LTD shall be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including any changes or updates thereto.
4. USERNAME & PASSWORD
4.1. Before making any purchase from MISCHIEF PRODUCTS (PTY)LTD the User will be asked to set up an online profile, which will include a username (email address) and password.
4.2. It is the User’s responsibility to keep this information confidential and not to disclose this information to any third party. The User is requested to immediately inform MISCHIEF PRODUCTS (PTY)LTD in the event that he/she believes that his/her information has been compromised.
5. AGREEMENT OF SALE
The agreement of sale between the User and MISCHIEF PRODUCTS (PTY)LTD comes into being upon completion of the purchase cycle on the Website.
7.1. All payments to MISCHIEF PRODUCTS (PTY)LTD will be hosted by Payfast, Paypal or can be performed via EFT.
7.2. Payfast uses the standard encryption protocol known as Extended Validation Secure Socket Layer with 128-bit encryption to keep the User’s order information secure by encrypting all sensitive information.
7.3.MISCHIEF PRODUCTS (PTY)LTD will not be held liable for security breaches occurring on the User’s electronic device (PC or other electronic devices used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
7.4. The onus rests on the User to immediately inform his/her bank in the event that the User suspects any unauthorised charges to his/her bank account / card.
7.1. MISCHIEF PRODUCTS (PTY)LTD aims to have as many of its products in stock as possible, but all orders placed by the User are subject to availability and receipt of payment.
7.2. MISCHIEF PRODUCTS (PTY)LTD makes use of the services of UAfrica henceforth known as the “Courier” or the “Courier Company” and all prices are subject to the Courier Company’s discretion.
7.3. Orders will be processed on a daily basis, however, clients need to understand that many products are made to order or special ordered and could take up to 14 work days to be ready for delivery.
7.5. The onus rests on the User to ensure that his/her delivery address provided is correct and updated from time to time, and MISCHIEF PRODUCTS (PTY)LTD will not be held liable for delivery at any such incorrect address.
7.6. In the rare event that the User’s order doesn’t arrive, the User must notify MISCHIEF PRODUCTS (PTY)LTD of the lost items via email within 30 (thirty) days from placement of the order.
8. RESTRICTIONS ON SALE
8.1. Placing an item in the shopping basket without completing the purchase cycle does not constitute an order or an agreement of sale between the User and MISCHIEF PRODUCTS (PTY)LTD.
8.2. Prices and availability of products and services are subject to change without notice.
8.3. Should an item not be available from the supplier, MISCHIEF PRODUCTS (PTY)LTD reserves the right to remove the order from the shopping basket. The User will be notified of the removal of the product and all reasonable effort will be made to suggest alternative products. Should the alternative product be more or less expensive than the desired product, and if the User wishes to purchase the alternative product, the User will need to pay the additional amount to MISCHIEF PRODUCTS (PTY)LTD, or MISCHIEF PRODUCTS (PTY)LTD will refund the balance to the User, as the case may be.
8.4. MISCHIEF PRODUCTS (PTY)LTD reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions, including after an order has been placed and/or paid for by the User. In such event MISCHIEF PRODUCTS (PTY)LTD will refund the User for the full purchase price, and the order will be cancelled.
8.5 MISCHIEF PRODUCTS (PTY)LTD reserves the right of admission reserved. Any User guilty of harassment, verbal abuse , illegal or inappropriate behaviour will have orders cancelled and be banned from future use of the Website.
9. DEFECTS & REFUNDS
9.1. In the event that the User receives a defective product, the User may notify MISCHIEF PRODUCTS (PTY)LTD within 24 hours of becoming aware of the defect by way of email.
9.2. MISCHIEF PRODUCTS (PTY)LTD will only refund defective products referred to in 9.1 above, up to 14 days after delivery of the product to the User, subject to:
9.2.1. The product having suffered proven damage during shipment; or
9.2.2. The product having an inherent manufacturing defect; and
9.2.3. The damage to the product is of no cause of the User; and
9.2.4. The product being returned to MISCHIEF PRODUCTS (PTY)LTD in exactly the same condition as it was received (with its complete packaging) and without any signs of wear and tear.
9.3. The onus rests on the User to ensure that he/she orders the correct item and, subject to the User’s cooling-off period referred to in 10 below, MISCHIEF PRODUCTS (PTY)LTD will not refund the User for any product incorrectly ordered by the User.
9.4. The User should immediately notify MISCHIEF PRODUCTS (PTY)LTD in the event that the User receives a nutritional product which has an adverse effect on his/her pet, in which event MISCHIEF PRODUCTS (PTY)LTD will refund the User for the full purchase price thereof, subject to the nutritional product being returned to MISCHIEF PRODUCTS (PTY)LTD in its original packaging to enable the manufacturer to pick up the defective batch number and any other necessary information.
10. COOLING-OFF PERIOD
10.1. After cancellation in terms of 9.1 above, and on receipt of the returned goods in its original condition and packaging by MISCHIEF PRODUCTS (PTY)LTD, MISCHIEF PRODUCTS (PTY)LTD will make a full refund of the purchase price to the User within 30 days, subject to a charge being levied for the return of the goods to MISCHIEF PRODUCTS (PTY)LTD.
10.2. The cooling-off period will not apply to any customized products ordered by the User.
11. COMPLAINTS AND DISPUTES
Users may file complaints via the “Contact us” service on the Website.
12. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
12.1. MISCHIEF PRODUCTS (PTY)LTDs provides certain information on its Website.
12.2. Content currently or anticipated to be displayed on MISCHIEF PRODUCTS (PTY)LTD’ Website is provided by MISCHIEF PRODUCTS (PTY)LTD, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
12.3. All such proprietary works, and the compilation of the proprietary works, belong to MISCHIEF PRODUCTS (PTY)LTD, its affiliates or subsidiaries, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.
12.4. MISCHIEF PRODUCTS (PTY)LTD reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the User.
12.5. All rights in and to the Content is reserved and retained by the Owners.
12.6. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
13. LIMITED LICENSE TO GENERAL USERS
13.1. MISCHIEF PRODUCTS (PTY)LTD grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
13.2. MISCHIEF PRODUCTS (PTY)LTD’ Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of MISCHIEF PRODUCTS (PTY)LTD or the Owners.
13.3. The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of another merchant.
13.4. The User may not frame nor use framing technologies to enclose MISCHIEF PRODUCTS (PTY)LTD’ Website or the Content nor any part thereof without the express written consent of MISCHIEF PRODUCTS (PTY)LTD.
13.5. MISCHIEF PRODUCTS (PTY)LTD and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website, or Content of the Website.
13.6. MISCHIEF PRODUCTS (PTY)LTD and its suppliers, the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.
13.7. Any unauthorised use of MISCHIEF PRODUCTS (PTY)LTD’ Website will terminate this license.
14. LIMITATION OF LIABILITY & DISCLAIMERS
154.1. MISCHIEF PRODUCTS (PTY)LTD, its suppliers and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.
14.2. Neither MISCHIEF PRODUCTS (PTY)LTD nor any of its suppliers, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Website or any functionality thereof, or of any linked website, even if MISCHIEF PRODUCTS (PTY)LTD is expressly advised thereof.
14.3. The use of any product bought from MISCHIEF PRODUCTS (PTY)LTD is at the User’s sole risk. The User indemnifies and holds MISCHIEF PRODUCTS (PTY)LTD harmless against any loss, injury or damage which may be sustained as a result of the use of any of MISCHIEF PRODUCTS (PTY)LTD’ products.
14.4. Should a specific product have a warranty or guarantee, such contract will be between the User and the relevant manufacturer of such product, and not between the User and MISCHIEF PRODUCTS (PTY)LTD.
14.5. Information, ideas and opinions expressed on the Website should not be considered as professional advice. When in doubt or concerned about your pet’s health, please consult a registered veterinarian.
14.6. All pictures used on the Website are used to give Users an indication of the product and might not reflect the actual product.
14.7. Due to currency fluctuations and shipping costs, the prices of products may vary from the prices displayed on the Website. MISCHIEF PRODUCTS (PTY)LTD will aim to keep the prices current and updated, but cannot guarantee that the prices displayed on the Website are always correct.
15. PRIVACY, ACCESS TO AND USE OF INFORMATION
15.1. MISCHIEF PRODUCTS (PTY)LTD may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc.
15.2. It is, however, possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
15.3. MISCHIEF PRODUCTS (PTY)LTD, its suppliers and the Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to MISCHIEF PRODUCTS (PTY)LTD, its suppliers and/or the Owners through the Internet, or that you expressly or implicitly authorise MISCHIEF PRODUCTS (PTY)LTD, its suppliers and the Owners to make, or for any errors or any changes made to any transmitted information.
15.4. To ensure acquaintance with and awareness of the privacy measures and policies of MISCHIEF PRODUCTS (PTY)LTD, the User is urged to take care to read and understand the underlying privacy clauses attached as Annexure ‘A’ to these Terms and Conditions.
16. GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER
16.1. This Website is controlled, operated and administered by MISCHIEF PRODUCTS (PTY)LTD from its offices as set out below within the Republic of South Africa.
16.2. MISCHIEF PRODUCTS (PTY)LTD makes no representation that the Content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
16.3. The User may not use this Website in violation of South African export laws and regulations.
16.4. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Magistrates Court in the event of any dispute.
16.5. If any of the provisions of these Terms and Conditions 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 Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
16.6. These Terms and Conditions constitute the entire agreement between MISCHIEF PRODUCTS (PTY)LTD and the User and no variation, cancellation, novation or deletion of any provision of these Terms and Conditions shall be binding unless reduced to writing and signed by the an authorised representative of Mischief Pet Products.
16.7. No indulgence shown by MISCHIEF PRODUCTS (PTY)LTD to the User may be construed as a waiver of any kind.
16.8. This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.
1. CASUAL SURFING
1.1. The User may visit the Website without providing any personal information. The User accordingly hereby grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
1.2. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. MISCHIEF PRODUCTS (PTY)LTD uses this information to determine the use of the Website, and to improve Content thereon.
1.3. MISCHIEF PRODUCTS (PTY)LTD assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation
2. UNSOLICITED INFORMATION
2.1. If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to MISCHIEF PRODUCTS (PTY)LTD and the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
2.2. The User grants to MISCHIEF PRODUCTS (PTY)LTD and the Owners the right to use the name that the User submits in connection with such Information, if they choose.
2.3. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to MISCHIEF PRODUCTS (PTY)LTD, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies MISCHIEF PRODUCTS (PTY)LTD and the Owners for all claims resulting from the receipt by MISCHIEF PRODUCTS (PTY)LTD of the Information the User supplies to it.
2.4. MISCHIEF PRODUCTS (PTY)LTD reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages.
2.5. MISCHIEF PRODUCTS (PTY)LTD takes no responsibility, and assumes no liability for any Information posted by the User or any third party on its Website.
3. SOLICITED INFORMATION THE USER GIVE TO MISCHIEF PRODUCTS (PTY)LTD
3.1. MISCHIEF PRODUCTS (PTY)LTD requires certain Personal Information necessary to process transactions if the User requires any of MISCHIEF PRODUCTS (PTY)LTD’ products or services.
3.2. MISCHIEF PRODUCTS (PTY)LTD receives and stores all Information, including Personal Information which the User enters on the Website or gives to MISCHIEF PRODUCTS (PTY)LTD, in any other way.
3.3. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from MISCHIEF PRODUCTS (PTY)LTD.
3.4. MISCHIEF PRODUCTS (PTY)LTD provides its products and services in conjunction with its affiliates, subsidiaries, suppliers and the Owners. In this regard and unless specifically restricted by the User from the license above, the User hereby and when entering into the specific transactions in question expressly grants in writing to MISCHIEF PRODUCTS (PTY)LTD, with its affiliates, subsidiaries, suppliers and the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media for any purpose whatsoever.
3.5. The User’s Information that is required by MISCHIEF PRODUCTS (PTY)LTD affiliates, subsidiaries and suppliers to give effect to transactions that the User chose to enter into, will be shared with those entities.
4. PROMOTIONAL INFORMATION
4.1. MISCHIEF PRODUCTS (PTY)LTD aspires to provide first-class service to its customers, which necessitates MISCHIEF PRODUCTS (PTY)LTD providing information to the User regarding new services or special offers.
4.2. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to firstname.lastname@example.org
5. LAWFUL PURPOSES
When MISCHIEF PRODUCTS (PTY)LTD is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. MISCHIEF PRODUCTS (PTY)LTD may also impart Personal Information if permitted or required to do so by law.
6. SURVEYS AND STATISTICAL PROFILES
6.1. MISCHIEF PRODUCTS (PTY)LTD understands that efficiency and customer care translates to good service.
6.2. MISCHIEF PRODUCTS (PTY)LTD may periodically conduct online customer care surveys to facilitate the updating of service standards.
6.3. When it conducts a survey, MISCHIEF PRODUCTS (PTY)LTD will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
6.4. Notwithstanding the foregoing, MISCHIEF PRODUCTS (PTY)LTD may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
Personal Information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete.
Subject to the Regulation of Interception of Communications Act (“RIC”), Act no 70 of 2002, the User agrees that MISCHIEF PRODUCTS (PTY)LTD may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to MISCHIEF PRODUCTS (PTY)LTD, its employees, directors and agents. The User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.