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Terms and conditions

POPI-ACT
This is the Privacy Statement of Kalk Bay Quarter and all associate companies and Trusts. It applies to the personal information of visitors to our website, available at
www.kalkbayquarter.co.za and all of our clients and potential clients who engage with us in any manner.
Use of the website is also subject to our terms and conditions available. Your relationship with us as a client is subject to any separate terms between us. We may need to change or
update this Privacy Statement from time to time. Any updated versions will be posted on the Website and will be effective from the date of posting. Where practical, we may notify you of the changes.
1. What personal information do we collect?
1.1 We respect your privacy rights and comply with all applicable laws in handling personal information. When used in this Privacy Statement, the term “personal information” has the meaning given to it in the Protection of Personal Information Act, 2013 (POPIA), applicable in the Republic of South Africa.Generally speaking, personal information is any information that can be used to
personally identify a natural or juristic person. If any information that we collect personally identifies you, or you are reasonably identifiable from it, we will treat it as personal information.          Kalk Bay Quarter may requests for your Financial Intelligence Centre Act information upon submission of an offer. Such information may include but is not limited to the following: information required when having an account with us: Name and Surname, physical address, E-mail, Phone number, proof of payment (if a payment was made)                                                                              1.2 When forwarding information through, we conduct due diligence/ KYC checks on the documents provided. Should there be a case whereby insufficient documentation had been provided, you will receive communication via telephone and email requesting for the outstanding documentation, once this is provided to us, you will be deemed FICA compliant.                                                      2. Use of Cookies                                                                                                                                                                                                                                                                                                             2.1 The Kalk Bay Quarter Website may use "cookies" to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
2.2 One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register your personal information with Kalk Bay Quarter, a cookie helps Kalk Bay Quarter to recall your information, such as contact details, shipping addresses and so on. When you return to the same website, the information you previously provided can be retrieved.
2.3 You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Kalk Bay Quarter services or website you visit.
2.4 If you provide us with personal information of third parties, please make sure that you are authorised to do so.
3. Why do we collect personal information?
3.1 to respond to general enquiries submitted through our “contact us” page;
3.2 to conduct verification checks;
3.3 to communicate with you via automated emails and provide you with access to our information;
3.4 to gain insight into how our visitors use the website and to improve our website service;
3.5 We may handle anonymised information for research or analytics purposes or include it in our publications which we share with third parties. You will not be identifiable from this information.
4. What happens if you don’t provide the personal information we require?
4.1 We may not be able to respond to your enquiry as submitted to us through the “contact us” page;
4.2 We may not be able to supply the products and/ or services you require from us.
5. Do we disclose personal information to third parties?
5.1 We may disclose your personal information to third parties as required by law, where it is necessary to give effect to a contract with you, or where we have a legitimate interest in doing so. We may disclose your personal information to:
5.1.1 The personal information provided here us subject to third party internal and External auditors, our employees or third party service providers in connection with the website, and our business operators.
5.1.2 Our insurers, underwriters and professional advisors, including our accountants, lawyers, business advisors and consultants;
5.1.3 Law enforcement or regulatory bodies as requires by law; and
5.1.4 Any other juristic or natural person for any authorised purpose with your express consent.
5.2 We will never sell your personal information
6. Marketing
6.1 We may, with your prior consent, use your contact details to send you details of new products or services which may interest you. These communications may be sent in various forms (including by mobile phone and by email) in accordance with applicable marketing laws. If you indicate a preference for a method of communication, we will endeavour to use that method.
7. Security
7.1 As the website is accessible via internet, and the internet is inherently insecure, we cannot guarantee the security of information you send to us online (including that it will not be intercepted). You may send information to us at your own risk.
7.2 We may keep your personal information in either electronic or hard copy form. In both cases, we take reasonable and appropriate steps to ensure that the personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.
7.3 Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it (whichever is the later).
8. How can you access and correct your personal information?
8.1 You have the right to contact us at any time requesting:
8.1.1 Confirmation that we have your personal information;
8.1.2 Access to the records containing your personal information or a description of The personal information that we hold about you; and
8.1.3 The identity or categories of third parties who have had, or currently have, Access to your personal information.
8.2 You can make a request by emailing kalkbayquarter58@gmail.com. When making a request, we will require adequate proof of your identity. We will try to provide you with suitable means of accessing information, where you are entitled to it, by for example, posting or emailing it to you.
8.3 There may be instances where we cannot grant access to your personal information. For example, if access would interfere with the privacy of others or would result in a breach of confidentiality, we may need to refuse access. If we refuse access, we will give written reasons for the refusal.
8.4 If you believe that any personal information that we hold about you is inaccurate, irrelevant, outdated, incomplete or misleading, you may ask us to correct it. If you believe that any personal information that we hold about you is excessive or have been unlawfully obtained or that we are no longer authorised to retain it, you may ask us to destroy or delete it. If we do not agree that there are grounds for action, you may ask us to add a note to the personal information stating that you disagree with it.
9. Complaints
9.1 If you believe that your personal information has been unlawfully accessed or acquired, you can contact us and provide details of the incident so that we can investigate it.
9.2 We will treat your complaints confidential (unless otherwise required by law), investigate those complaints and aim to ensure that they are resolved within a reasonable time, in order to provide you with feedback.
10. Changes to your personal information
10.1 If your personal information changes, please let us know and provide us with all changes as soon as reasonably possible to enable us to update it.
11. Third party websites
11.1This Privacy Statement does not apply to any third party websites which may be Accessible through links on the website. We do not take any representations or Warranties about the privacy practices of any third party and do not accept any Responsibility for them. Third party website providers are responsible for informing users about their own privacy practices and we suggest that you review the privacy policies of any third party providers whose sites you access.
12. Contact information
12.1 If users have any questions about this Privacy Statement, any general concerns or would like to lay a complaint regarding the treatment of your personal information or to access and correct your personal information, you can contact us.



ONLINE SHOPPING TERMS AND CONDITIONS

Please take a moment to read these online shopping terms and conditions  (“Online Shopping Terms”) to understand how they apply to your online purchase of any products or services. 

If you have any questions regarding our website, the Online Shopping Terms, products or services contact us on kalkbayquarter58@gmail.com

Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa to areas where we deliver. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

Product Detail

Product details can be found on the product page of each product. If you have more questions, please email us at kalkbayquarter58@gmail.com.

Please also check out our Return Policy.

While we have made every effort to show and describe our products as accurately as possible, in rare cases the final product may differ slightly from the images shown. We sometimes substitute products of a similar description where, for example, the original item becomes unavailable. Where this happens we will inform you at the time of ordering. We have tried to describe all products fairly and the weights, dimensions and capacities given are approximate only. Packaging may vary from that shown.

Colours
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.

We are also sure that you will understand that there may be slight colour variance in certain products such as hand-dyed, hand printed or patchwork items.

Content Errors

We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website.

Pricing
You will be charged the prices that are reflected online, subject to availability and delivery address. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Special promotions apply only to items on your original online order (i.e. not on items which are added after the order was placed).

A delivery fee will be charged for each order you place.

Payment

A variety of payment methods through the familiar and trusted PayFast interface is excepted.
By submitting your order, personal information and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Stock Availability

All products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled we will notify you as soon as possible. We reserve the right to withdraw any item from sale at any time. In these circumstances you will be advised.
We cannot always guarantee stock availability and will deliver a substitute product, if possible, where you have authorised us to do so.

Delivery

The processing time for orders is 48 hours after your transaction has been confirmed.

For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.

Should no one be in attendance at the time of delivery, the driver will keep the products and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.

We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.

Cancellation

If for any reason you would like to cancel an order this may be done by contacting us at kalkbayquarter58@gmail.com as long as we have not already sent your order. We reserve the right to cancel any sale in the event of a breach of any of these or the General Terms.

Risk and Ownership
Risk in the products shall pass to you or your authorised representative on delivery. We will retain ownership of the products until payment is received in full.




GENERAL TERMS AND CONDITIONS

Please take a moment to read these general terms and conditions (the “Terms”) to understand how they apply to your use of our website and any products or services that may you may order online. 


If you have any questions regarding our website, the Terms, products or services, please email kalkbayquarter58@gmail.com

Terms and Conditions apply
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. Online purchases from our website are subject to their own additional terms and conditions.

Use of our website


You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.

We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

Use of our website outside South Africa

Customers who are not resident in South Africa are welcome to use our website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.

Content  


All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date.  We do not however warrant that the content or information displayed is always accurate, complete and/or current.

The information contained within the www.kalkbayquarter.co.za website has been acquired from many different sources. Kalk Bay Quarter is not responsible for the topicality, correctness, completeness or quality of the information provided at any time, does not guarantee that the information or software is accurate, reliable, complete, up to date or free from any errors or viruses. Liability claims against Kalk Bay Quarter regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will therefore not arise.

All offers are non-binding and without obligation. Parts of the pages or the complete website, including all offers and information, may be extended, changed or partly or completely deleted by Kalk Bay Quarter without separate announcement.

Intellectual property

All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Referrals and Links

Kalk Bay Quarter is not responsible for any content linked to or referred to in their pages. If any damage occurs through the use of information presented there, only the companies or individuals responsible for the respective pages might be liable, not those who have linked to these pages. Furthermore, Kalk Bay Quarter is not liable for any postings or messages published by users of discussion boards, guest books, social media or mailing lists provided on their pages.

Copyright 

The copyright for any material created by Kalk Bay Quarter is reserved.

Data Security 

Your privacy matters to us and we are committed to the protection of your personal information.

If the opportunity for the input of personal or business data (email addresses, names, and addresses) is given, the input of this data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias.

Disclaimers and exclusions of liability

Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.

Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.

General 

Kalk Bay Quarter shall not in any circumstances whatsoever be liable for any damage or prejudice which the client may suffer arising out of and in connection with any information made available by Kalk Bay Quarter. Whilst Kalk Bay Quarter is not responsible for the information (see paragraph 1 above), it is acknowledged by the client that Kalk Bay Quarter has no obligation to check on the accuracy or otherwise of the information displayed. Kalk Bay Quarter merely conveys the information made available to it without assuming any onus or obligation.

© 2021 Kalk Bay Quarter. All Rights Reserved.