Rooibos Miracle Terms and Conditions

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Terms and Conditions

Table of Content
– click on the subject to be taken directly to the relevant paragraph.

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1.     PRELIMINARY NOTE (- back to the top)

IMPORTANT: In accordance with section 49 of the Consumer Protection Act, No. 68 of 2008, certain clauses within this Agreement are hereby brought to the attention of the consumer at the outset so as to notify the consumer as to their importance as regards the consumers’ rights, and the limitation thereof, in terms of this Agreement.

Clause 8.2 states that:

‘Rooibos-Miracle’ makes no representations or warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

Clause 8.4 states that:

Save as expressly set out herein, ‘Rooibos-Miracle’ shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with ‘Rooibos-Miracle’’ negligent acts or omissions or those of its employees, agents or designees or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused, sustained by you, the recipient of the products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the information, goods or services.

Clause 8.5 states that:

‘Rooibos-Miracle’ (including its owner(s), directors, employees, designees, agents, representatives, affiliates and suppliers) shall not be liable for any loss, damage, (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of use of or reliance upon the site (including any information contained thereon) or the Internet. ‘Rooibos-Miracle’ is hereby indemnified and shall be kept fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of information, goods or services supplied by ‘Rooibos-Miracle’ pursuant to any such order.

The above clauses do not constitute prohibited terms or conditions according to Section 51 of the Consumer Protection Act, No. 68 of 2008 and by continuing with this agreement, the consumer thereby formally acknowledges these terms and accepts them as part of the whole agreement.

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2.   GENERAL (- back to the top)

‘Rooibos-Miracle’ reserves the right to amend the terms and conditions relating to its online shopping from time to time, and any such amendments shall be deemed binding between ‘Rooibos-Miracle’ and any person using the site. Any such amendments will take effect immediately upon the posting of the amended terms and/or conditions of this agreement, shall bring same to your attention through a notice placed on the site itself, or through a link placed on the site itself.

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3.   INTRODUCTION (- back to the top)

The ‘Rooibos-Miracle’ website and online shopping service (collectively known as “the site”) is owned by Michelle Goodwin. The site is hosted and managed within the Republic of South Africa and is therefore subject to all legislation applicable in that jurisdiction. All purchases made from this site are subject to the terms and conditions contained in this agreement, to the exclusion of all other terms and conditions.

In terms of Section 11 of the Electronic Communications and Transactions (ECT) Act, No. 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the ‘Rooibos-Miracle’ website, web pages or any part thereof. If you do not agree to be bound by the terms and conditions of this agreement you may not make use of the ‘Rooibos-Miracle’ website or product sale services. Any reasonable use of this site shall automatically bind you to this agreement. Do not use this site if you do not agree to be bound by these terms.

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4.   SALES OF GOODS (- back to the top)

 ‘Rooibos-Miracle’ reserves the right without prior notice to discontinue or change specifications on goods and services offered on this site without incurring any obligations in respect thereof.

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5.   PRICING POLICY (- back to the top)

All prices displayed on the site are quoted in South African Rands.

You will be charged with the price as it is listed for the goods on the site at the time of order, subject to availability.

All prices include Value Added Tax.

Special promotions may be subject to certain conditions including, but not limited to, stock availability and limited offer stipulations.

In some instances items on special will be exclusive to ROOIBOS-MIRACLE and cannot be claimed from Annique or any other Annique Consultant.

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6.   PAYMENT (- back to the top)
 ‘Rooibos-Miracle’ makes use of external payment gateways to process secure payments.

Payments can be made via Instant EFT,  Debit Cards, Credit Cards or Manual EFT

By submitting an order, it is hereby warranted that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order.

If there are insufficient funds to pay for the order on your Payment Card and/or payment for the full order is not received, the goods will not be delivered.

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7.   STOCK AVAILABILITY (- back to the top)

‘Rooibos-Miracle’ cannot always guarantee availability of stock, but will endeavour in delivering a substitute item where possible and if authorised to do so by you.

 If it transpires that ‘Rooibos-Miracle’ is unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered and ‘Rooibos-Miracle’ shall not be obligated to refund any amounts for items so delivered to you.

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8.   DELIVERY COSTS (- back to the top)
All orders to be delivered in Pretoria under R400 will be subject to delivery costs.
Orders over R400 in Pretoria will be delivered for FREE – certain terms and conditions will apply.

All Orders under the value of R800 to be delivered in Gauteng will be subject to the following delivery fees:- the choice of which will rest on the purchaser.

Normal counter to counter postage R55
PostNet to PostNet R99
Courier R105

All Orders over the value of R800 to be delivered in Gauteng will be delivered for FREE – certain terms and conditions will apply.  Rooibos-Miracle will determine the method of delivery based on the feasibility versus the order amount.

All Orders under the value of R800 to be delivered outside of Gauteng will be subject to the following delivery fees:- the choice of which will rest on the purchaser.

Normal counter to counter postage R55
PostNet to PostNet R99
Courier R135

All Orders over the value of R800 to be delivered outside of Gauteng will be delivered for FREE – certain terms and conditions will apply.  Rooibos-Miracle will determine the method of delivery based on the feasibility versus the order amount.

Orders may be collected either personally or via the customers own courier, from Rooibos-Miracle with no additional costs to the customer.

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9.   ADMIN & PACKAGING (- back to the top)

A R10.00 (Ten Rand) Fee will be added to all orders to be put towards general admin and packaging materials

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10. DELIVERY POLICY (- back to the top)

Unless otherwise specifically brought to your attention by ‘Rooibos-Miracle’ in relation to a specific product or geographical area, a delivery fee will be charged for the purchase of any goods from the ‘Rooibos-Miracle’ site.

All orders will be executed within week of receipt thereof, excepting over the Christmas and New Year period when the supplier and distributor is closed for business.

Once processed, delivery of the ordered goods will be effected by any other reputable Courier Company/South African Post Office chosen from time to time by ‘Rooibos-Miracle’. Furthermore,Rooibos-Miracle’ warrants that the ordered goods will arrive at your chosen delivery address in good order and, subject to 4th clause below, within a reasonable time, on condition that you have provided us with the correct delivery address.

In the event that you request that the goods will be delivered to an area that is not serviced by the Courier Company selected by ‘Rooibos-Miracle’ from time to time, ‘Rooibos-Miracle’ will ensure that the delivery will be made by Registered Post direct to the delivery address, alternatively, to the nearest possible location to you that our courier may deliver to.

In addition to the above, the delivery of the goods is subject to Section 46 of the Electronic Communications and Transactions Act, No. 25 of 2002. and therefore Section 19 of the Consumer Protection Act, No. 68 of 2008 does not apply to the rights in respect of delivery of goods or the supply of services.

Local Pick Up – you may wish to collect your goods yourself or alternately send your own Courier service to collect

Should you have selected the incorrect Courier Service, please note that the additional charges will need to be be collected prior to dispatch of the goods.

We will at all times endeavour to communicate with you as to the status of your order, particularly once the order is ready to be sent out.

Should incorrect delivery details be furnished by the customer then the additional  costs incurred to re-direct delivery will be carried by the customer.

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11.  RETURNS POLICY (- back to the top)
In addition to the provisions stipulated in Section 20 of the Consumer Protection Act, No. 68 of 2008 dealing with a consumer’s right to return goods, if you are for any reason dissatisfied with goods bought from ‘Rooibos-Miracle’, you may contact ‘Rooibos-Miracle’ directly via the contact details supplied on the site with a view to expediting the return of the goods by yourself.

A return needs to be made within 10 days of delivery, unused and in all original packaging.

Due to the nature of the products available for purchase on ‘Rooibos-Miracle’, refunds will only be considered due to damaged goods; or incorrect order processed by ‘Rooibos-Miracle’.

Incorrect orders placed by customer will not be accepted as a return.

The delivery costs of the return to be carried by the customer.

Upon receipt of the goods the amount paid for the will be reimbursed to the customer.

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12.  CANCELLATION (- back to the top)
In addition to provisions contained in Section 17 of the Consumer Protection Act, No. 68 of 2008 pertaining to a consumer’s right to cancel an advance reservation, booking or order, if for any reason you would like to cancel an order this may be done by contacting ‘Rooibos-Miracle’ via the contact details supplied on the site. Orders will only be cancelled up to 48 hours from the time of receipt.

‘Rooibos-Miracle’ shall be entitled to debit your Payment Card for the Delivery Fees in respect of any late cancellations and a reasonable charge for cancellation (between 5 & 10%) of the order in terms of Section 17 of the Consumer Protection Act, No. 68 of 2008.

If payment is cancelled for any reason or if your Payment Card should cease to be valid for whatever reason, you will nevertheless be bound to pay to ‘Rooibos-Miracle’ the full purchase price, including all costs incurred by ‘Rooibos-Miracle’ relating to the recovery thereof, including legal costs on the Attorney and Own Client scale, interest and other collection costs.

Without prejudice to any other rights or remedies in law, ‘Rooibos-Miracle’ shall be entitled to cancel forthwith any order and/or registration if you should breach any of the obligations contained herein and in such event shall have no claim of whatsoever nature against “Rooibos-Miracle” in contract, delict or otherwise.

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13.  RISK AND OWNERSHIP (- back to the top)

Risk in the goods bought shall pass to you upon delivery at the delivery address or to the person accepting delivery on your behalf, if for instance you should not be available to take delivery at the delivery address. Until payment is received in full for any goods sold, ownership in the products shall remain with ‘Rooibos-Miracle’ and such goods shall be returned and/or surrendered to ‘Rooibos-Miracle’ following receipt of a default notice from ‘Rooibos-Miracle’.

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14.   USE OF THIS WEBSITE (- back to the top)

The content contained on the site may be used for personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify ‘Rooibos-Miracle’ against any damage caused by any such act attributable to you. ‘Rooibos-Miracle’ may suspend the site or any part thereof or terminate your account at any time if they believe the information provided by you is untrue, inaccurate or incomplete.

If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

Any indulgence or extension of time granted by ‘Rooibos-Miracle’ shall not be construed as a waiver or variation of any of their rights or remedies in terms of this Agreement.

You agree that, at the option of ‘Rooibos-Miracle’, in terms of Section 45 of the Magistrates Court Act, No. 32 of 1944, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed jurisdiction of such court.

This agreement is governed by the laws of the Republic of South Africa.

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15.  COLOURS OF PRODUCTS (- back to the top)

Every effort has been made by ‘Rooibos-Miracle’ to accurately display the colour of all products being sold on this site. Unfortunately, the colour of the products may vary slightly depending on your computer monitor. ‘Rooibos-Miracle’ can therefore not guarantee that any colour displayed on your monitor will be accurate.

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16.  INTELLECTUAL PROPERTY (- back to the top)

‘Rooibos-Miracle’ retains ownership of all intellectual property such as all material, including logos and other graphics, which form part of the site from time to time. All data and information communicated to and from the site and/or any site information and database remain and shall be the sole property of ‘Rooibos-Miracle’.

‘Rooibos-Miracle’ grants any user of its services permission to view, electronically copy as well as print in hard copy portions of the site, but only for the sole purpose of browsing the site and placing an order with ‘Rooibos-Miracle’ for personal use only.

Any reproductions of material on the site, other than those documented above, as well as any other modification, distribution and reproduction, without the prior written consent of ‘Rooibos-Miracle’ and the lawful intellectual property owner is strictly prohibited and constitutes and unlawful infringement of the intellectual property rights of ‘Rooibos-Miracle’ and/or such other owner.

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17.  TRADEMARKS (- back to the top)
Nothing herein contained shall give any person using ‘Rooibos-Miracle’’ site, any proprietary interest in or any title, claim or right whatsoever in or to any of ‘Rooibos-Miracle’’ trademarks and any use thereof without ‘Rooibos-Miracle’’ prior written consent, is strictly prohibited and constitutes any unlawful infringement of such trademark.

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18.  ADVERTISING AND LINKS (- back to the top)

External hyperlinks may be provided on the site. Such hyperlinking shall not be interpreted as constituting any relationship between ‘Rooibos-Miracle’ and any linked third party or any endorsement by ‘Rooibos-Miracle’ of such third party, its information, goods, services or otherwise. Use of or reliance on any external links provided is at your own risk.

Advertising and other promotional material will appear on the site from time to time. Such advertising or promotional material shall not be interpreted as constituting any relationship between ‘Rooibos-Miracle’ and any third party placing such advertising or promotional material on the site or any endorsement by ‘Rooibos-Miracle’ of such third party, its information, goods, services or otherwise and use of or reliance on any such material is entirely at your own risk.

Any advertising, promotions or special offers pertaining to ‘Rooibos-Miracle’ and their goods or services that are communicated to the public in general on the site in terms of clause 7.2 above, are not subject to the provisions of Section 32 of the Consumer Protection Act, No. 68 of 2008 pertaining to direct marketing, save where ‘Rooibos-Miracle’ directly communicates with you in terms of clause 4.2 and you have not indicated that you wish to opt out of this service.

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19.  DISCLAIMERS AND EXCLUSIONS OF LIABILITY (- back to the top)

It is hereby expressly agreed that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis and ‘Rooibos-Miracle’ makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regards to the availability of goods or services and/or delivery arrangements and times.

‘Rooibos-Miracle’ makes no representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, goods or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

‘Rooibos-Miracle’ does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or server that makes it available are free from viruses or other harmful components.

Save as expressly set out herein, ‘Rooibos-Miracle’ shall under no circumstances whatsoever be liable to you, including without, as a result of or in connection with ‘Rooibos-Miracle’’ negligent acts or omissions or those of its employees, agents or designees or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused, sustained by you, the recipient of the goods or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the goods or services.

‘Rooibos-Miracle’ (including its owner(s), directors, employees, designees, agents, representatives, affiliates and suppliers) shall not be liable for any loss or damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of use of or reliance upon the site (including any information contained thereon) or the Internet. ‘Rooibos-Miracle’ is hereby indemnified and shall be kept fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of goods or services supplied by ‘Rooibos-Miracle’ pursuant to any such order.

Notwithstanding any other provisions contained herein, ‘Rooibos-Miracle’’ liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any dispute or claim arises and shall not include any loss of income or profit or any future or consequential damages.

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20.   PRIVACY POLICY (- back to the top)
We respect your privacy, and are committed to protecting it. This privacy policy aims to demonstrate how we gather and disseminate information.

All information that is provided by you to ‘Rooibos-Miracle’ shall be stored on a secure server where all users’ identity numbers and payment card details will be encrypted so as to inhibit the possibility of unauthorised disclosure or interception. Additionally, the site makes use of “cookies” to further minimize the possibility of unauthorised access to and disclosure of all your personal information.

‘Rooibos-Miracle’ may use your information in order to contact and inform you as to any promotions and special offers. You are, however, entitled, at any stage, to opt out of this service. Furthermore, in compliance with Section 12 of the Consumer Protection Act, No. 68 of 2008, ‘Rooibos-Miracle’ will not engage in any direct marketing directed at a consumer at home for any promotional purpose during a prohibited period, such prohibited period being prescribed by the Minister, by notice in the Gazette.

‘Rooibos-Miracle’ will not sell or in any way make available your personal information to third parties. However, ‘Rooibos-Miracle’ may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

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21.   COLLECTION OF PERSONAL INFORMATION (- back to the top)

‘Rooibos-Miracle’ will never sell, trade, or pass on your personal information to any other third party. We may disclose information if required to do so by law, if it is required to protect the safety of our customers and/or the public, or if we believe that such action is necessary to protect and defend our rights or property, the site, or our customers.

We may collect information you provide by filling in forms on the ‘Rooibos-Miracle’ site.

We may keep record of all correspondence between you and ‘Rooibos-Miracle’.

We may record the details of all transactions carried out through this site.

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22.  SECURITY (- back to the top)

‘Rooibos-Miracle’ will endeavor to ensure that your personal information and/or Payment Card details are protected when used on this site. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore ‘Rooibos-Miracle’ cannot guarantee the absolute security of any information you transmit to us or which ‘Rooibos-Miracle’ transmits to you or used on the site

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23.   WEB LOGS AND BROWSER STATISTICS (- back to the top)

We may log information regarding your IP address, operating system and web browser statistics while you access this site. Information gathered does not identify any individual, rather collected in an aggregate form to help administer our server and improve our service.

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24.  COOKIES (- back to the top)

‘Rooibos-Miracle’ uses cookies to keep track of your current browsing session, and to keep your items in your cart upon subsequent visits. Cookies by this website cannot be read by a website in any other domain. You may also receive cookies from third party advertisers that advertise on ‘Rooibos-Miracle’.

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25.  MODIFICATIONS TO THIS PRIVACY POLICY (- back to the top)

‘Rooibos-Miracle’ reserves the right to change, at any time, at our sole discretion, this privacy policy. You are responsible for regularly reviewing the privacy policy. Your continued use of the services constitutes your agreement to all such terms.


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DISCOUNT VOUCHERS (- back to the top)
All discount vouchers are valid for 3 months from date of issue.

Discount vouchers cannot be exchanged for cash.

Discount vouchers are for single use only.

Copying a voucher will be regarded as fraud and the receipient of such a voucher will be held liable for the full amount of the goods purchased – excluding the value offered on the voucher.

Discount vouchers cannot be used against SUPER-SAVERS, or SPRING SALE, or SAMPLE items.

Discount vouchers cannot be used against delivery costs, admin fees or packaging materials.

Discount vouchers cannot be used in lieue of payment.

All the aforementioned terms and conditions apply to Discount Vouchers as well.

Rooibos-Miracle reserves the right to cancel a voucher without prior notice and for any reason deemed reasonable by Rooibos-Miracle.

 

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