Terms and Conditions:
This website is owned and operated by Wild Earth. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to order, purchase and have goods delivered. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
If there is anything that is unclear please ask us to explain it to you before you accept the Terms and Conditions, continue using the Website, or place an online order. We may amend these online shopping terms and conditions, at our sole discretion, from time to time. We will notify you of changes to these terms.
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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 we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Your use of any 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.
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In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. To register on our website, you must provide the following information; first name; last name, cellphone number, email address and a password. By registering on our website, or buying goods from us online, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You also agree that we may send invoices to you electronically.
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Please keep your credentials private and secure and do not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile. Please notify us 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.
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
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All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and to ensure that when stock is no longer available, it is discontinued on the website, but we cannot guarantee the availability of stock. If goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods. The stated prices on our website are in South African Rand and are only valid and effective in South Africa. We will use our best efforts to accurately display the goods on our website to ensure that what you receive matches your expectations. Please note that sometimes the way that a product appears can be dependent on the device that you use to access our website, specifically when it comes to the colour in an image. We cannot guarantee that the goods you receive, will look exactly as you have seen it online.
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If a displayed price contains an inadvertent and obvious error, we are not bound by it after: Correcting the error in the displayed price; and taking reasonable steps to inform affected consumers about the error and the correct price. No order will be accepted if we identify a material error in the description of any of our goods or their prices on our website.
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When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us. Products can be returned only in the country in which they were originally purchased.
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We make electronic gift cards (“Gift Cards”) and promotional coupons or discounts (“Coupons”) available for use on the website towards the purchase of goods. Gift Cards and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. They do not accrue interest and are not refundable for cash or credit. If the value of a Gift Card is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods. We are entitled to correct, cancel or reject a Coupon for any reason and at any time (including without limitation where a Coupon has been distributed in an unauthorised manner). Coupons are issued under specific Terms and Conditions regulating when and how they may be used. If an error is spotted against any coupon or discount on an order, we may cancel these order(s) after notifying you.
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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
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You agree to indemnify and hold Wild Earth harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. To the maximum extent permitted by applicable law, in no event shall Wild Earth, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
We will indicate the acceptance of your order by delivering the goods to you or allowing you to collect them, once payment has been received. Only at that point will an agreement of sale between you and Wild Earth come into effect. This is regardless of any communication stating that your order or payment has been confirmed. Once an agreement of sale is completed, you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, the incorrect price being displayed, or an inaccurate description of the goods. We will inform you of any errors as soon as we become aware of them and, as soon as possible thereafter, we will refund you for any amount already paid. We will not be liable for any loss or claim relating to a transaction based on any error. Orders cannot be amended in any way once they have been invoiced, including changes to a delivery address.
Placing goods in a wishlist or shopping cart without completing payment does not constitute placing an order, and goods may be removed or updated in the shopping cart if stock is no longer available or the price has changed. We cannot be held liable if the goods in your shopping cart have been updated when you complete or attempt to complete the purchase at a later stage. We reserve the right to refuse orders, cancel any sale, and terminate accounts at the Wild Earth's discretion. Registered customers are able to view their order history by logging on to their profile on our website. Orders may only be cancelled up to the point that they have been invoiced by Wild Earth. After this the order will need to be delivered and processed as a return, if no longer required.
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You consent to our use of the services of reputable and secure third party payment service providers in order to process financial transactions and acknowledge that doing so necessitates the disclosure of your payment information when you make a purchase. We have put all the necessary measures in place to ensure your personal and payment information remains secure.
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Cape Town, South Africa. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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