1. Introduction

1.1.              This website can be accessed at www.whalecoastdigital.com, (the “Website”) and is owned and operated by Whale Coast Digital (Pty) Ltd (“Whale Coast Digital”, “we”, “us” and “our”).

1.2.              These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products and Services, and the use of the Website.

1.3.              These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4.              The Website enables you to shop online for our  Products and Services and Services (“Products and Services”).

2. Important Notice

2.1.              These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA“).

2.2.              These Terms and Conditions contain provisions that appear in similar text and style to this clause and which

1. may limit the risk or liability of Whale Coast Digital or a third party; and/or
2. may create risk or liability for the user; and/or
3. may compel the user to indemnify Whale Coast Digital or a third party; and/or
4. serves as an acknowledgement, by the user, of a fact.

2.3.              Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Whale Coast Digital to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.4.              Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Whale Coast Digital in terms of the CPA.

2.5.              Whale Coast Digital permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions

2.6.              These Terms and Conditions are divided into three sections, as follows:

1. Refund Policy;
2. Shipping Policy
3. General Legal Terms.

 

3. Returns

• Please refer to our Returns Policy for more information about returning Products and Services (and related refunds or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4. Registration and use of the website

• Only registered users may order Products and Services on the Website.
• To register as a user, you must provide a unique username and password and provide certain information and personal details to Whale Coast Digital. You will need to use your unique username and password to access the Website in order to purchase Products and Services.
• You agree and warrant that your username and password shall:
• be used for personal use only; and
• not be disclosed by you to any third party.
• For security purposes you agree to enter the correct username and password whenever ordering Products and Services, failing which you will be denied access.
• You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
• You agree to notify Whale Coast Digital immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
• By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
• You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Whale Coast Digital representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
• You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
• You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Whale Coast Digital representative.

5. Conclusion of sales and availability of stock

5.1.              Registered users may place orders for Products and Services or Services, which Whale Coast Digital may accept or reject. Whether or not Whale Coast Digital accepts an order depends on the availability of Products and Services, correctness of the information relating to the Products and Services (including without limitation the price) and receipt of payment or payment authorisation by Whale Coast Digital for the Products and Services.

5.2.              NOTE: Whale Coast Digital will indicate the acceptance of your order by delivering the Products and Services to you or allowing you to collect them, and only at that point will an agreement of sale between you and Whale Coast Digital come into effect (the “Sale”). This is regardless of any communication from Whale Coast Digital stating that your order or payment has been confirmed. Whale Coast Digital will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.3.              Placing Products and Services in a shopping basket without completing the purchase cycle does not constitute an order for such Products and Services, and as such, Products and Services may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Whale Coast Digital liable if such Products and Services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5.4.              You acknowledge that stock of all Products and Services on offer is limited and that pricing may change at any time without notice to you. In the case of Products and Services for sale by Whale Coast Digital, Whale Coast Digital will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products and Services are no longer available after placing an order, Whale Coast Digital will notify you and you will be entitled to a refund of the amount paid by you for such Products and Services.

6. Payment

6.1.1.     We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.1.2.     Payment can be made for Products and Services via Payfast or Paypal using –

6.1.2.1.            debit card;

6.1.2.2.            credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products and Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products and Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

7. Delivery of Products and Services

7.1.              As all our products are Digital by nature, delivery will be either by immediately available download or send via WeTransfer once completed.

8. Vouchers & Coupons

8.1.              Whale Coast Digital may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Whale Coast Digital Products and Services. Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:

8.2.              Vouchers

8.2.1.     Vouchers that are purchased by registered users are valid for 6 months after Sale. Vouchers that Whale Coast Digital gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

8.2.2.     Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

8.2.3.     Whale Coast Digital is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.

8.3.              Coupons

8.3.1.     There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R50 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

8.3.2.     Coupons are issued in Whale Coast Digital sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

8.3.3.     As a general rule, and unless specified otherwise on the specific Coupon itself:

8.3.3.1.            each Coupon can only be used once;

8.3.3.2.            only one Coupon can be used per order;

8.3.4.     only one Coupon can be used on the Website per person per promotion/campaign;

8.3.5.     a Coupon must be used at check-out – it cannot be used later on existing orders; and

8.3.6.     the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

8.3.7.     Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Whale Coast Digital is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

8.3.8.     If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact info@whalecoastdigital.com to confirm if the Coupon is still valid. If Whale Coast Digital confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

8.3.10. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Whale Coast Digital, before you are able to use a Coupon.

 

9. Specials and other discounted Products and Services

9.1.              Whale Coast Digital may decide to offer discounted Products and Services for specific periods on the Website (“Specials”). However, Specials have a stock limit and may expire earlier if stock runs out.?

9.2.              Specials quantities are limited and as such, after a Special is sold out, those particular Products and Services may be available on the Website at their normal selling prices (but no longer as a Special).

9.3.              We do not guarantee a specific saving. The extent of the discount is at the sole discretion of Whale Coast Digital.

9.4.              Only one of each Special may be purchased per customer.

9.5.              Adding a Special to your cart, or completing your order for a Special without paying for it, does not reserve the item for you. Whale Coast Digital must receive payment from you for a Special, otherwise we will cancel your order.

9.6.              Whale Coast Digital will reserve stock for customers in the order in which it receives payment.

9.7.              The List Price shown in respect of Specials and other discounted Products and Services is the recommended retail price based on our estimate of the retail market.

 

10. Changes to these Terms and Conditions

10.1.          Whale Coast Digital may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

10.2.          Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

11. Electronic communications

11.1.          When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 10 above.

11.2.          The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are the property of Whale Coast Digital, its advertisers and/or sponsors.

11.3.          You will not acquire any right, title or interest in or to the Website or the Website Content.

11.4.          Any use, distribution or reProducts and Servicesion of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Where any of the Website Content has been licensed to Whale Coast Digital or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

12. Disclaimer

12.1.          The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

12.2.          Whilst Whale Coast Digital takes reasonable measures to ensure that the content of the Website is accurate and complete, Whale Coast Digital makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Whale Coast Digital representatives, Whale Coast Digital shall not be bound thereby.

12.3.          Whale Coast Digital disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

12.4.          The Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

12.5.          Any views or statements made or expressed on the Website are not necessarily the views of Whale Coast Digital, its directors, employees and/or agents.

12.6.          In addition to the disclaimers contained elsewhere in these Terms and Conditions, Whale Coast Digital also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Whale Coast Digital, its employees, agents or authorised representatives. Whale Coast Digital thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

13. Linking to third party websites

13.1.          This Website may contain links or references to other websites (“Third Party Websites“) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Whale Coast Digital is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

13.2.          Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

14. Limitation of liability

14.1.          Whale Coast Digital cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Whale Coast Digital, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@whalecoastdigital.com.

14.2.          WHALE COAST DIGITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

14.3.          YOU HEREBY INDEMNIFY WHALE COAST DIGITAL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

15. Availability and termination

15.1.          We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

15.2.          Whale Coast Digital may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Whale Coast Digital will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

15.3.          If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products and Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

15.4.          Whale Coast Digital is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Whale Coast Digital to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Whale Coast Digital, in whole or in part, on notice to you. Whale Coast Digital shall only be liable to refund monies already paid by you (see Whale Coast Digital Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

15.5.          At any time, you can choose to stop using the Website, with or without notice to Whale Coast Digital.

 

16. Governing law and jurisdiction

16.1.          These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

16.2.          In the event of any dispute arising between you and Whale Coast Digital, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

16.3.          Nothing in this clause 16 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

17. Notices

17.1.          Whale Coast Digital hereby selects info@whalecoastdigital.com as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Whale Coast Digital may change this address from time to time by updating these Terms and Conditions.

17.2.          You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Whale Coast Digital not less than 7 days’ notice in writing.

17.3.          Notices must be sent by email and must be in English. All notices sent will be deemed to have been received 10 days after the date of posting.

17.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

 

18. Information

18.1.          For the purposes of the ECT Act, Whale Coast Digital information is as follows, which should be read in conjunction with its Products and Services descriptions and other terms and conditions contained on the Website:

• Full name:Whale Coast Digital (Pty) Ltd, a private company registered in South Africa with registration number : 2019 / 433954 / 07
• Main business:Retailer of local manufactured or produced goods
• Legal address for receipt of legal service (also postal and street address): 
  info@whalecoastdigital.com
• Office bearer: Karin de Bruin
• Official email address: info@whalecoastdigital.com