Terms of service

TERMS AND CONDITIONS

1. Introduction

1.1 Every Shopper Square (Proprietary) Limited is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008. Every Shopper Square (Proprietary) Limited provides an online platform for the sale of goods to customers.
1.2 The website for Every Shopper Square (Proprietary) Limited can be accessed at www.everyshoppersquare.com and related platforms (the “Website”). The website is owned and operated by Every Shopper Square (Proprietary) limited (“Every Shopper Square (Pty) Ltd”, “we”, “us” and “our”).
1.3 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.4 Every Shopper Square (Pty) Ltd adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
1.5 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the Website.
1.6 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 and creates a user profile (“registered user”). By registering and creating a user profile, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.7 The Website enables you to shop online for a variety of goods.
1.8 These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, 68 of 2008, may limit Every Shopper Square (Pty) Ltd’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnity Every Shopper Square (Pty) Ltd and serves as an acknowledgement by you of any fact.
1.9 Should you not understand any of the contents of these Terms and Conditions, you are advised to contact Every Shopper Square (Pty) Ltd to assist with further explanation of the Terms and Conditions before accepting them.
1.10 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Every Shopper Square (Pty) Ltd in terms of the Consumer Protection Act, 68 of 2008.
1.11 Every Shopper Square (Pty) Ltd permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

2. Definitions

2.1 “Customer” means any natural or juristic person who enters or intends entering into an electronic transaction with Every Shopper Square (Pty) Ltd as the user of the goods or services offered by Every Shopper Square (Pty) Ltd.
2.2 “Order” means the collection of Items purchased by you from our website.
2.3 “Policies” means the various Every Shopper Square (Pty) Ltd policies contained in or referred to herein and on our Website, including frequently asked questions (“FAQs”) and product information, which form part of these Terms and Conditions and which may be updated from time to time.
2.4 “Products” means all products displayed for sale on our website.
2.5 “Website” means our online shop which can be accessed at everyshoppersquare.com which is owned and operated by Every Shopper Square (Pty) Ltd (“Every Shopper Square (Pty) Ltd”, “Every Shopper Square”, “we”, “us” and “our”).
2.6 “Working Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

3. Registration and Use of Website

3.1 Only registered users may order goods on the Website.
3.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Every Shopper Square (Pty) Ltd. You will need to use your unique username and password to access the Website in order to purchase goods.
3.3 You agree and warrant that your username and password shall be used for personal use only, and not be disclosed by you to any third party.
3.4 For security purposes you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access.
3.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.
3.6 You agree to notify Every Shopper Square (Pty) Ltd 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.
3.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Every Shopper Square (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.10 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Every Shopper Square (Pty) Ltd representative.

4. Purchases and Stock Availability

4.1 Registered users may place orders for goods, which Every Shopper Square (Pty) Ltd may accept or reject. Whether or not Every Shopper Square (Pty) Ltd accepts an order depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation by Every Shopper Square (Pty) Ltd for the goods.
4.2 Every Shopper Square (Pty) Ltd will indicate the acceptance of your order by delivering the goods to you, and only at that point will an agreement of sale between you and Every Shopper Square (Pty) Ltd come into effect (the “Sale”). This is regardless of any communication from Every Shopper Square (Pty) Ltd stating that your order or payment has been confirmed. Every Shopper Square (Pty) Ltd will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.3 Prior to delivery you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the goods, you may return the goods only in accordance with the Returns Policy.
4.4 You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. In the case of goods for sale by Every Shopper Square (Pty) Ltd will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Every Shopper Square (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such goods.

5. Payment Options

5.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2 Payment may be made for goods via the following methods (depending on its availability and/or your eligibility to use such a method):
5.2.1 VISA
5.2.2 Master Card
5.2.3 American Express
5.2.4 Masterpass
5.2.5 Zapper
5.2.6 Mobicred
5.2.7 MTN MoMo
5.2.8 Samsung Pay
5.2.9 SiD (A DPO Company) Instant EFT.
Note: 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 cancelled. You warrant that you are fully authorised to use the chosen payment method supplied for purposes of paying for the goods. You also warrant that your selected payment method has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
5.3 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.
5.4 We will send you email communications about your order and payment.

6. Delivery of Goods

6.1 Delivery is made by suppliers which takes between 7 – 10 working days of receipt of your order and payment. Currently, all deliveries are made within the Republic of South Africa. During peak periods, and promotions which result in high customer orders, delivery times and schedules may be varied, which might exceed the normal delivery period.
6.2 Delivery charges will be levied for goods to be delivered. Our delivery charges are subject to change at any time, without prior notice to you, so please refer to the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
6.3 Once we receive your order from our suppliers, we will send you an email with tracking details.
6.4 Once the product is delivered to the physical address nominated by you, the risks and rewards of ownership has been transferred to you.
6.5 Every Shopper Square (Pty) Ltd is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
6.6 Please refer to Shipping and Delivery in our FAQs for more information on delivery, which are incorporated into these Terms and Conditions by reference. In other words, the additional information forms part of these Terms and Conditions.

7. Returns

7.1 Should you not be satisfied with any item/s purchased, you may return for a refund, credit or exchange, unused items in a saleable condition within 7 – 14 days working days from the date when the order was placed by you, via our courier services. Returns may be conditional upon you submitting photographic proof of the quality issue or defectiveness of the item prior to approval.
7.2 Should any Item purchased be defective, and if unaltered, may be returned for refund, replacement (where stock is available), or repair (where repair is possible) within 6 months of the purchase date, subject to producing proof of your purchase (invoice or delivery note).
7.3 Due to health reasons, we do not accept returns on items such as costumes, underwear and earrings.
7.4 Delivery charges will be levied for item/s that are returned depending on the nature of the return.
7.5 A refund will be funded via your payment method that was selected upon the original purchase within 30 working days of receipt of the returned item/s on condition that they are in acceptable condition, except where the product is defective.
7.6 Please refer to our Returns Policy in our FAQs for more information about returning products, which are incorporated into these Terms and Conditions by reference. In other words, this policy forms part of these Terms and Conditions.

8. Changes, Suspension, and Termination

8.1 In the event of maintenance, upgrades, updates and any other event we may alter and/or amend the Website at any time without giving notice to you.
8.2 We may suspend or terminate the Website at any time without giving notice to you.
8.3 Should you breach any of these Terms and Conditions we reserve the right to cancel any order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
8.4 We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these Terms and Conditions.
8.5 Such termination shall not affect any right or remedy to relief to which Every Shopper Square (Pty) Ltd may be entitled.
8.6 Upon termination of the Website or your account, all rights granted to you will terminate and revert to Every Shopper Square (Pty) Ltd.
8.7 Every Shopper Square (Pty) Ltd may at any time modify these Terms and Conditions without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
8.8 We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
8.9 We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website whenever you visit the Website.

9. Warranty

9.1 The products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the products were purchased.
9.2 We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the products in breach of these Terms and Conditions.

10. Limitation of Liability

10.1 Whilst every attempt is taken by Every Shopper Square (Pty) Ltd to ensure your security when making use of the Website, due to the nature of the internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
10.2 We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
10.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
10.4 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Every Shopper Square (Pty) Ltd Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
10.5 You hereby agree, to as far as the law allows, to indemnify Every Shopper Square (Pty) Ltd against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our Website and/or any thirty party websites linked to our website.
10.6 We shall not be liable to you in contract, delict (including for negligence) or otherwise:
• for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website; or
• for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
• for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
10.7 Each provision of this clause 10 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.

11. Privacy Policy

11.1 We respect your privacy and will take all reasonable measures to protect it.
11.2 Please refer to our Privacy Policy on our Website for detailed information about the privacy of your personal information, which are incorporated into these Terms and Conditions by reference. In other words, this policy forms part of these Terms and Conditions.

12. Intellectual Property

12.1 All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software ("Website Content"), is the property of Every Shopper Square (Pty) Ltd or its content suppliers and is protected by South African and international intellectual property laws. Furthermore, the compilation of all content on this Website is the exclusive property of Every Shopper Square (Pty) Ltd and is protected by South African and international intellectual property laws.
12.2 Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Every Shopper Square (Pty) Ltd or the copyright owner.

13. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa.

14. Disclaimer

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 Every Shopper Square (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, Every Shopper Square (Pty) Ltd 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.

15. Company Details

Every Shopper Square (Pty) Ltd is an ecommerce retailer. Consequently, Every Shopper Square (Pty) Ltd uses online platforms and channels to conduct its day-to-day business operations. In addition to normal correspondence, all legal notices or related documents shall be served via the details mentioned below.

Every Shopper Square (Proprietary) Limited
Registration Number: 2021/011887/07
Website Address: www.everyshoppersquare.com
Email: info@everyshoppersquare.com