Terms And Conditions of Service
This website is operated and hosted by Cotton Polly Designs (PTY) LTD, Reg No K2019/535163/07. It is assumed that the terms “we”, “us” and “our” refers to Cotton Polly Designs and the terms “you” and “your” refers to the person accessing our website or making use of our services throughout the entirety of this document. We offer all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following “terms and conditions of use”, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of this site.
Any new features or products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website.
GENERAL
USE OF THE WEBSITE
By accessing our website, you warrant and represent to the website owner that you are legally entitled to do so.
TRADEMARKS
The trademarks, names, logos, and service marks, collectively called “trademarks” as displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.
PRODUCTS
Cotton Polly Designs is an online store, all our products and services are available exclusively online through this website. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store and cannot guarantee that you will receive exactly what is displayed on your screen.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to alter or discontinue any product at any time.
PAYMENTS
Payment is accepted via cheque card, and credit card (Visa or Mastercard) and direct transfer.
Online credit card transactions will be acquired for Cotton Polly Designs via Payfast (Pty) Ltd.
Payfast have robust Security & Fraud Prevention by way of Extended Validation SSL with 2048-bit encryption, 3D secure.
No credit card details are stored on our own website or servers.
Customer details will be stored by Cotton Polly Designs separately from any card details which are entered by the client on Payfast’s secure site.
Cotton Polly Designs takes all reasonable steps to scrutinize all transactions to prevent attempted fraud and a transaction may be refused if we are not satisfied with its legitimacy.
Cash deposit and direct EFTs are accepted under the following conditions.
- Do not make cash deposits or EFTs until you have been sent an invoice from us regarding your requested purchase.
- Use the invoice number as your reference when making cash deposit or EFT.
- The onus rests on you to furnish adequate proof of said cash deposit or EFT.
- The onus is on you to provide us with your correct contact details and shipping address.
- No product will be shipped out until the funds paid reflect in our bank account.
PRIVACY POLICY
Our full Privacy Policy can be viewed here.
ACCURACY OF BILLING, ORDER, AND ACCOUNT INFORMATION
We reserve the right to refuse any order that is placed with us.
We may, in our 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.
In the event that we make a change to or cancel an order, we will make every effort to attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your contact information, delivery address, and email address as needed, so that we can complete your transactions and contact you as needed.
REFUSAL OF SERVICE
Cotton Polly Designs Reserves the right to refuse service to any person or party that it deems to be intending (knowingly or unknowingly) to use any of our products or services for any purpose which might be described as follows… (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) for any reason we might deem to be inflammatory, discriminatory, offensive, overly crude, or obscene.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in any service or product we offer, or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied on the website, should be taken to indicate that all information in the website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) to submit false or misleading information; (b) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service of any related website, other websites, or the Internet; (c) to collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) for any obscene or immoral purpose; or (f) to interfere with or circumvent the security features of the website, or other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
WARRANTIES
Cotton Polly Designs makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
DISCLAIMER OF LIABILITY
By using this website you agree that Cotton Polly Designs (PTY) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
SEVERABILITY
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
APPLICABLE LAWS (CHOICE OF VENUE AND FORUM)
Use of this website shall in all respects be governed by the laws of the Republic of South Africa. regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the South African courts of law shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
CHANGES OF TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
