This website can be accessed at www.minki.co.za (this/the “website”) and is operated by Minki van der Westhuizen Proprietary Limited, Registration Number 2022/687344/07 (“Minki”). Throughout the site, the terms “we”, “us” and “our” refer to Minki. These terms and conditions govern the use of the website and are binding and enforceable against any person that accesses or uses this website including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (a “user”).

By using this website, users acknowledge that they have read and understood and agree to be bound to these terms and conditions.

Any user who does not accept these terms and conditions may not use this website in any manner whatsoever including, but not limited to, placing orders for any of our products.

These terms and conditions apply to users who are “consumers” for the purposes of the Act. Users’ attention is specifically drawn to clauses underlined in the text which: (1) limits our risk or liability; and/or (2) creates risk or liability for the user; and/or (3) compels the user to indemnify us; and/or (4) seems as an acknowledgement by the user of a fact.

By agreeing to these Terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. By using the website, you agree: (1) not to use in any way any device, software or other instrument to interfere or attempt to interfere with the proper working of the website; (2) not transmit any worms or viruses or any code of a destructive nature; (3) not to use in any way any software or other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein; (4) not to use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful; (5) not to display, publish, copy, print, post or otherwise use the website and/or the information contained herein in any way without our express prior written consent; (6) not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products offered by us without our express written permission, and (7) not use our products/website for any illegal or unauthorized purpose or otherwise in violation of any laws in your jurisdiction (including but not limited to copyright laws). We may terminate your access to or use of this website or the online shop immediately in case of any actual/suspected breach or violation of any of these Terms and Conditions.

You are not compelled to create an account on the website, but may create an account in order to regularly order and buy products. To register an account, you will be required to provide certain personal information and must provide a unique username and password. The unique username and password may be used to access the website to order and purchase products. If you elect to register an account, you agree that your username and password: (1) shall be used for personal use only; and (2) will not be disclosed by you to any third party.

SECTION 4 - ONLINE SHOP TERMS

The “buy online” option on the website enables users to order and buy products offered for sale by us (the “products”) from our online shop.

Our online shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

Users acknowledge and agree that the list of products as well as prices of products may be updated/amended by Minki at any time in our sole discretion and further that ordering, sale and delivery of products are governed by these terms and conditions.

Any order placed by you via the buy online option shall only be complete on confirmation of receipt of payment by us when: (1) a credit card authorisation is received from the issuing bank; or (2) the exact amount has been received in our bank account via electronic funds transfer (“EFT”) within 5 (five) days of placing the order.

On completion of your order, we will indicate our acceptance of your order by confirmation email, at which point an agreement of sale is concluded between us.

We reserve the right to: (1) refuse or accept any order without giving any reasons; and/or (2) cancel orders in whole or in part as circumstances dictate.

Occasionally there may be information on our website or online shop 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 is inaccurate at any time without prior notice (including after you have submitted your order).

We will take all reasonable efforts to maintain correct prices on the website. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell products at such incorrect prices and our only liability shall be to refund any monies already paid by you.

We will take all reasonable efforts to display as accurately as possible the colours and images of our products that appear at the online shop. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Any new features or tools which are added to the current online shop shall also be subject to these terms and conditions.

You can review the most current version of our terms and conditions at any time on this page.

We reserve the right to modify the contents of this website or to update, change or replace any part of these terms and conditions at any time, but we have no obligation to inform you of any such changes. You agree that it is your responsibility to monitor changes to our website.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right at any time to modify or discontinue any particular product (or any part or content thereof) without notice at any time.

All prices quoted on the website are in South African Rand (ZAR), and include Value-Added Tax (VAT) at the prevailing rate at the date of your order being placed.

All prices posted on the website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary for each order.

Payment is accepted via credit card (Visa, Master Card) or by EFT to our nominated bank account.

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of the payment. We may reject any order in respect of which the required information is not provided.

The private information required for executing any order you place through our website, (including your personal information, credit card details, delivery address and contact number(s)) will be kept in the strictest confidence and will not be sold or made known to third parties except insofar as is required for executing your order or as permitted by law. Information collected and use thereof will be treated according to our Privacy Policy, which is available on our website.

Credit card transactions will be acquired by PayFast (“PayFast”). PayFast uses the strictest encryption; go to https://www.payfast.co.za/ to view their security certificate and security policy.

No credit card details are stored on the website and will be kept separate from other users’ information.

Delivery of the products ordered by you as per our confirmed orders will be made to the nominated address set out in your order.

Delivery usually takes place within 3 (three) to 5 (five) working days from confirmation of payment or such other period as we may stipulated in our confirmation email.

All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order.

If, for any reason, you are dissatisfied with any delivery of products, you may contact us and return the products to us in accordance with the provisions of our Return Policy, as available on the website.

We reserve the right to refuse any order you place 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 may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our online shop.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content and products available via our online shop may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding thirdparty products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the online shop or this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, 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) to submit false or misleading information; (g) 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 website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the online shop or the website or other websites. We reserve the right to terminate your use of the website for violating any of the prohibited uses.

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 protected by law, including but not limited to copyright and trade mark law. The website content is the property of Minki, its advertisers and/or sponsors and/or is licensed to Minki.

Users will not acquire any right, title or interest in or to the website or the website content.

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of this website will be accurate or reliable.

You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.

These terms and conditions shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.

If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our products, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).

The following information of Minki is disclosed in terms of section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:

Full name and legal status: Minki van der Westhuizen (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa

Reg. Nr.: 2022/687344/07

VAT Nr.: 4070315058

Directors: Willemien Joubert; Abraham Jacobus Rademeyer

Main business: Online marketing, sale and distribution of products