STANDARD TERMS & CONDITIONS
Earth Warrior® (“the Company”) is an online store selling cork products and yoga/fitness gear as well as reusable straws and plastic-free bottles, located at the domain name http://www.earthwarrior.co.za (referred to herein as “our Website”). This website, related mobi-sites and software applications is owned and operated by Earth Warrior Trading CC (and includes all references to “Earth Warrior®”, “we”, “us” and “our”).
The Terms & Conditions (“the Terms & Conditions”) depicted in this document govern the legal relationship between Earth Warrior® and the User (“the User”, the “Customer”). By viewing and/or using our website, the User agrees to be bound by the Terms & Conditions.
The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
We reserve the right to amend our Terms & Conditions at any time. Any changes to our Terms & Conditions are effective immediate.
AGREEMENT OF SALE
An agreement of sale between Earth Warrior® and the User is only valid once payment has been made and the Company receives proof of payment. Up until this point all goods remain the property of Earth Warrior®.
The provision of goods and services is subject to availability. In cases of unavailability, Earth Warrior® will contact you with available alternatives. If no alternative is deemed suitable, we will refund the client in full within 7 working days.
The products for sale on our website are intended for use within your personal capacity only. We prohibit the purchase of any products for commercial resale purposes, without our prior written consent. We may limit your order to normal household quantities of 5 units per item, should the need arise. You may not use our products for any illegal and/or unauthorised purpose. We take all reasonable care to ensure that all details, descriptions and prices of products depicted on our website are accurate, and we rely on information from our suppliers to do so. It is possible for our website to contain certain errors, and we reserve the right to correct these errors at any stage. Should our error impact an order placed with us, we reserve the right to refuse or cancel this order in line with our order policy depicted below. Please note that the colours depicted in our designs may look slightly different across various computer monitors and screens. Receiving a product that differs slightly in colour to what was depicted upon your screen when you placed your order does not warrant the good as faulty.
PRODUCT PRICES, CURRENCY & VAT
All product prices on our website are depicted in South African Rand. All payments are processed in South African Rand. We are not A VAT registered company and do not charge VAT. Unless otherwise stated, shipping is charged in addition to the price of the product. A breakdown of product price and shipping charges appears on our checkout page, prior to payment. We may change the price of any of our products at any stage without prior notice. The new product pricing comes into effect immediately.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa and MasterCard credit cards or by bank transfer or EFT into the Earth Warrior® bank account, the details of which will be provided during the checkout process.
CREDIT CARD ACQUIRING – PAYMENT GATEWAY
Credit card transactions are acquired by PayFast, a registered systems operator and payment gateway in South Africa. This payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Card holders can go to www.payfast.co.za to view PayFast’s security policy.
WEBSITE TERMS & CONDITIONS OF USE RELATING TO www.earthwarrior.co.za
By using the Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-COMMERCE & PRIVACY
The Website www.earthwarrior.co.za sells various fitness products online. The use of any product or service bought from this Website is at the purchaser’s risk. The User indemnifies and holds the Earth Warrior® harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Earth Warrior® and will not be sold or made known to third parties unless by law. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
Earth Warrior® cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device 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.
Earth Warrior® will supply all goods to the courier company in good order. Earth Warrior® will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
SHOPIFY AND DATA STORAGE
The e-commerce component of our store is hosted on Shopify Inc. They provide us with the online e-commerce functionality that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
UPDATING OF THESE TERMS & CONDITIONS
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms & Conditions from time to time. Changes to these Terms & Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms & Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms & Conditions, including such changes or updates.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
We own and are the licensees of all content depicted on this website. This includes, but is not limited to all text, images, videos, logos, trademarks and designs. You may not copy, publish, distribute or use any of this content in any way for any purpose without our prior written consent.
LIMITATION OF LIABILITY
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, 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 the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
PRIVACY: CASUAL SURFING
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms & Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms & 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 & Conditions, and the remainder of these Terms & Conditions shall continue in full force and effect. These Terms & Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Earth Warrior® contact details:
Telephone: +27 83 256 1685
Address: 23 St. Leger road, Claremont, Cape Town, South Africa