1.1 CapeTownThing.co.za is a virtual buying and selling platform, which hosts the best local brands in Cape Town. Cape Town Thing proudly supports Cape Town-based designers.It allows users to buy goods and services at their favourite local e-shop.
1.2 By registering as a user of the platform (hereinafter User), the User confirms that they have read and agree to the terms and conditions of this User Agreement (hereinafter the Terms and Conditions) and undertake to comply with them.
1.3 Cape Town Thing Information
For the purposes of the ECT Act, Cape Town Thing information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
1.3.1. Full name:
1.3.2. Main business: Online retailer
1.3.3. The physical address for receipt of legal service (also postal and street address):
1.3.4. Office bearers:
1.3.5. Phone number:
2. Important Notice
2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of Cape Town Thing; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Cape Town Thing; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Cape Town Thing to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. 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 Cape Town Thing in terms of the CPA.
2.6. Cape Town Thing 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.
2.7. The Website enables you to shop online for an extensive range of goods which may include footwear, apparel, sport, and beauty products. “Goods”).
3.1 Only Registered users may order good 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 Cape Town Thing . You will need to use your unique username and password to access the Website in order to purchase Goods.
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. 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, save where the order is cancelled by you in accordance with these Terms and Conditions.
3.6. You agree to notify Cape Town Thing 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 Platform 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 Company 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 Company representative.
4. Conclusion of sale and availability of stock
4.1. Registered users may place orders for Goods, which Cape Town Thing may accept or reject. Whether or not Cape Town Thing 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 Cape Town Thing for the Goods.
4.2. NOTE: Cape Town Thing 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 Cape Town Thing come into effect (the “Sale”). This is regardless of any communication from Cape Town Thing stating that your order or payment has been confirmed. We 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. Orders may not be cancelled after receipt of payment of the Goods by Cape Town Thing. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
4.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Cape Town Thing liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
4.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Cape Town Thing, We 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 placing an order, We will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
5. Payment
5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
5.2. Payment can be made for Goods via
5.2.2. Instant EFT via Payfast
5.2.5. Snapscan
5.4. You may contact us via email to obtain a full record of your payment. We will also send you email communicating your order and payment.
5.5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6. Delivery of Goods
6.1. Cape Town Thing offers one method of delivery of Goods to you, which is via courier.
6.2. Please see details of our delivery and shipping terms and conditions.
6.4. Where it accepts your order, Cape Town Thing 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.
7. Errors
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.
8. Vouchers, Coupons, Referral Bonuses
8.1. Cape Town Thing may from time to time make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Cape Town Thing products. Cape Town Thing may also from time to time offer referral bonuses (in the form of wallet credit for use on the Website) to Users who refer the Website to their friends and meet certain further requirements (“Referral Bonuses”). This is called “Invite Friends & Earn” on the Website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
8.2. Vouchers
8.2.1. Vouchers are valid for 6 months after sale. If your Voucher has not been used within that period, it will expire.
8.2.2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
8.2.3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
8.3. Coupons
8.3.1. Coupons are issued electronically in Cape Town Thing’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
8.3.2. As a general rule, and unless specified otherwise on the specific Coupon itself:
8.3.2.1.a Coupon can only be used once, with promotional offers on the Website;
8.3.2.2. only one Coupon can be used per person unless Cape Town Thing specifies otherwise; and
8.3.2.3. The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
8.3.3. 3 Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
8.3.4. If Cape Town Thing is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
9.4 Referral Bonuses (Invite Friends and earn)
9.4.1. Referral Bonuses are valid indefinitely, subject to clause
9.4.4. Referral Bonuses can be redeemed at …………….
9.4.2. Referral Bonuses cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Referral Bonuses do not accrue interest and are not refundable for cash once purchased.
9.4.3. If your Referral Bonuses is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
9.4.4. Cape Town Thing reserves the right, in its sole discretion, to change the rules around the Referral Bonus scheme (including without limitation the value of any Referral Bonus) without prior notice, and to cancel or revoke any Referral Bonuses at any time.
9.4.5. Subject to the remainder of this clause
9.4.6. You can earn a Referral Bonus by telling your friends about Cape Town Thing via email, Facebook or Twitter, using the referral tool on the Website. The referral tool will generate a unique referral link for you. If enough of your friends click on your unique referral link and sign up to become members of Cape Town Thing using that link (each a “successful referral”) and as a result you reach any of the thresholds stated on the Website, you will earn the relevant Referral Bonus for that threshold. You could earn another Referral Bonus too, if your number of successful referrals climbs to reach the next threshold. You can earn one or more additional Referral Bonuses when a referred friend becomes a member of Cape Town Thing and purchases Goods on the Website to a value of more than R150 within 7 days of becoming a member.
9.5. General rules:
9.5.1 you must be a valid Cape Town Thing account holder;
9.5.3. you can earn a maximum of R1000 in Referral Bonuses;
9.5.4. referring friends who already have accounts with Cape Town Thing does not count;
9.5.6. you may only sign up for one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system;
9.5.7. you may not sign for a Cape Town Thing account on behalf of your friends, nor may you sign up using your friends’ email addresses. Each User who signs up as a member must sign up as him- or herself with full knowledge that he/she is creating an account;
9.5.8. you may not use someone else’s account in order to purchase Goods for yourself from the Website; and
9.5.9. by providing us with your friends’ contact information, you warrant that you are authorised to share that information with us.
9.5.10. Any abuse or attempted abuse of the Referral Bonus scheme in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly. Without prejudice to any other remedies it may have, Cape Town Thing reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.
9.6 Site Promotions
From time to time Cape Town Thing will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
9.5.1. Promo-code discounts, even if site wide, will only apply to physical products. No promo-code discount will be applied to gift vouchers/cards.
Changes to these terms and conditions
10.1. Cape Town Thing 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.
10.2. 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.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy,
12.1. 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 Platform Content is the property of Cape Town Thing, its advertisers and/or sponsors and/or is licensed to Cape Town Thing.
12.2. You will not acquire any right, title or interest in or to the Platform the Platform Content.
12.3. Any use, distribution or reproduction of the Platform Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
12.4. Where any of the Website Content has been licensed to Cape Town Thing 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.
Disclaimer
13.1. The use of the Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Platform or reliance on any information on the Platform.
13.2. Whilst Cape Town Thing takes reasonable measures to ensure that the content of the Platform is accurate and complete, Cape Town Thing 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 Platform.
13.3. Cape Town Thing disclaims liability for any damage, loss or liability, 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.
13.4. 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.
13.5. Any views or statements made or expressed on the Platform are not necessarily the views of Cape Town Thing, its directors, employees and/or agents.
14.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cape Town Thing 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 Cape Town Thing, its employees, agents or authorised representatives. Cape Town Thing 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 Platform.
Linked third party websites
15.1. This Platform may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Cape Town Thing is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
15.2. Notwithstanding the fact that the Platform 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
16.1. We cannot be held liable for any inaccurate information published on the Platform and/or any incorrect prices displayed on the Platform, save where such liability arises from the gross negligence or wilful misconduct of Cape Town Thing, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email or by contacting us.
16.2. CAPE TOWN THING 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 PLATFORM OR THE CONTENT CONTAINED IN THE PLATFORM; OR YOUR INABILITY TO USE THE PLATFORM, AND/OR UNLAWFUL ACTIVITY ON THE PLATFORM AND/OR ANY LINKED THIRD PARTY PLATFORM.
16.3. YOU HEREBY INDEMNIFY CAPE TOWN THING 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 PLATFORM AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
17.1 We will use reasonable endeavours to maintain the availability of the Platform, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
17.2. Cape Town Thing may in its sole discretion terminate, suspend and modify this PLATFORM, with or without notice to you. You agree that Cape Town Thing will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
17.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Governing law and jurisdiction
18.1. 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 Platform 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.
18.2. In the event of any dispute arising between you and Cape Town Thing, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Privacy policy
1.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
1.2.1. your name and surname;
1.2.2. your email address;
1.2.3. your physical address;
1.2.1. your gender;
1.2.1. your mobile number; and
1.2.1. your date of birth.
1.3.1. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
1.4 Subject to clause 1.5 below, we will not, without your express consent:
1.4.1. use your personal information for any purpose other than as set out below:
1.4.2. in relation to the ordering, sale and delivery of Goods;
1.4.3. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
1.4.4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
1.4.5. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
1.4.6. disclose your personal information to any third party other than as set out below:
1.4.7. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
1.4.8. to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
1.4.9. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and
1.4.10. pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.
1.5. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, the order of the court or legal process served on us, or to protect and defend our rights or property.
1.6. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
1.7. We will treat your personal information as strictly confidential; take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access. Provide you with access to your personal information to view and/or update personal details and promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information. Upon your request, promptly return or destroy any and all of your personal information in our possession or control; and not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
1.8. Cape Town Thing undertakes never to sell or make your personal information available to any third party other than as provided for in this policy unless we are compelled to do so by law. In particular, in the event of fraudulent online payment, Cape Town Thing reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
1.9. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
1.10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Superbalist, CAPE TOWN THING SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
1.11. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will, therefore, be limited. If you do accept a “cookie”, you hereby consent to our use of any personal information collected by us using that cookie subject to our privacy policy.