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- This website can be accessed at www.KZNKnifemakers, related mobile-sites and software applications (the “Website”) and is owned and operated by KZNKnifemakers (“KZNKnifemakers”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.
- 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.
- The Website enables you to shop online for an extensive range of handmade custom knives and more (“Goods”).
- KZNKnifemakers allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). KZNKnifemakers will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from KZNKnifemakers. This will be made clear in the relevant clause.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by KZNKnifemakers or a Third Party Seller, payment can be made for Goods via –
- debit card;
- 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 Goods will be canceled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. 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;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. KZNKnifemakers will not accept your order if payment has not been received;
- KZNKnifemakers Vouchers;
- Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of Goods
- KZNKnifemakers offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- 1. courier; or
- 2. self-collection.
- Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- the Third Party Seller’s obligation to deliver a product to you is fulfilled when they deliver the product to the physical address nominated by you for delivery of the order. KZNKnifemakers nor the Third Party Seller is responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- KZNKnifemakers shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
Third Party Sellers
- KZNKnifemakers will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases, KZNKnifemakers only provides the platform to facilitate transactions between Third Party Sellers and KZNKnifemakers customers. KZNKnifemakers is neither the buyer nor the seller of these Goods unless otherwise specified.
- The Sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. KZNKnifemakers is not a party to that sale.
- The Third Party Seller is solely responsible for the fulfillment of the delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
- Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
- Because KZNKnifemakers wants the registered user to have a safe and consistent experience, KZNKnifemakers will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to KZNKnifemakers’s own Returns Policy. Should such claim escalate into being a dispute, although KZNKnifemakers is entitled to become involved in an attempt to resolve it, KZNKnifemakers is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
- when ordering Course from us, you will be ordering the right to access a Course from the relevant Course provider, at their premises. Consequently, if KZNKnifemakers accepts your order, delivery will take place electronically via the internet as described below:
- Where KZNKnifemakers accepts your order, upon receipt of confirmation of payment, we will obtain your placement to the relevant Course and deliver it to you via the email we have on file.
- PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
- Access to the Course may be denied if you have previously completed the Course, or KZNKnifemakers has removed it pursuant to your having ‘returned’ the Course (if possible, in accordance with KZNKnifemakers’s Returns Policy;
- KZNKnifemakers does not guarantee that Course providers will make their Courses available and KZNKnifemakers accepts no responsibility or liability to you or any other person if, upon your utilising the Course, the relevant Course is no longer available, provided that, if you discover and report such a problem within 6 months of your receipt of the Course, you will be entitled to a full refund of the purchase price paid therefor.
- Practical issues to note in utilising the Course
- By utilising the Course you acknowledge it is in no way affiliated, associated with or linked to KZNKnifemakers.
- We do not charge any delivery fees for Coursed, however, you may incur costs (eg Travel, Lodging) associated with completing the course, and we will not under any circumstances be liable for any such costs incurred by you.
- If you have any problems relating to the Course, please report the issue to us on our contact page so that we can assist you in resolving the problem.
- You hereby acknowledge and agree to these Terms and Conditions and undertake that you shall indemnify KZNKnifemakers from any and all loss, damage, or expense you may suffer or from claims which may be made by third parties against KZNKnifemakers which arise from or in relation to your having participated in any Activities in relation to any Course sold by KZNKnifemakers.
Linking to Third Party Websites
- This Website may contain links or references to other websites (“Third Party Websites”) that are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and KZNKnifemakers is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- 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.
Limitation of Liability
- KZNKnifemakers 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 KZNKnifemakers, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact us page.
- KZNKNIFEMAKERS 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.
- YOU HEREBY INDEMNIFY KZNKNIFEMAKERS 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.
Changes to these Terms and Conditions
- KZNKnifemakers 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.
- 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.
Ownership and Copyright
- 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 KZNKnifemakers, its advertisers and/or sponsors and/or is licensed to KZNKnifemakers.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction 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 KZNKnifemakers 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.
- 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.
- Whilst KZNKnifemakers takes reasonable measures to ensure that the content of the Website is accurate and complete, KZNKnifemakers 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 KZNKnifemakers’s representatives, KZNKnifemakers shall not be bound thereby.
- KZNKnifemakers 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.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself 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.
- Any views or statements made or expressed on the Website are not necessarily the views of KZNKnifemakers, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, KZNKnifemakers 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 KZNKnifemakers, its employees, agents or authorised representatives. KZNKnifemakers thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Governing Law and Jurisdiction
- 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.
- In the event of any dispute arising between you and KZNKnifemakers, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Delivery Charges and Passing of Risk
- Delivery charges are calculated automatically by the Website. However, calculation errors may occur and KZNKnifemakers or the specified Third-Party may notify you of such and either pass a refund or require an additional charge to cover the delivery.
- For orders containing small items, KZNKnifemakers or the specified Third-Party use couriers. All items will be insured.
- Once the Products have reached your Shipping Address, the risk passes to you for any loss or damage to the Products.