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Terms & Conditions

Utique.co.za

Website Terms and Conditions of Use  

Introduction
Utique (“Provider”) enables you (“the User”/ “you”) to shop online for local brands (“Seller/s”) of giftware items (Products”).  These Terms and Conditions govern your use of the Utique website located at the domain name www.utique.co.za (“the Website”).

By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider

Privacy
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Privacy:  casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full. Cancellation of orders by the client will attract a 10% charge for administration costs.

The Provider reserves the right to cancel an order for which payment has already been received.  This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards.  Should the Provider exercise this right, the User will receive a full refund with no deductions.

Products returns will not be accepted unless the incorrect product has been supplied by the Seller or the product is damaged or faulty. If the wrong product has been supplied, or if the product is faulty or damaged, the Seller will exchange it on condition that the customer returns the products within seven days of receipt. In such an instance, the Seller will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, Utique will refund the purchase price including delivery cost upon receipt of the returned products.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to info@utique.co.za

Online Payment – PayFast payment gateway
We accept major credit and debit cards.  All payments are processed through a secure payment gateway using Extended Validation SSL with 256-bit encryption.

Disclaimer
Save for Utique being liable to you –

• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to Utique’s payment systems not being sufficiently secure,

neither Utique nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, 36Boutiques makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to info@utique.co.za.
Although the Products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of 36Boutiques and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights
Any and all copyright subsisting in the Site vests in Utique and all rights not expressly granted are reserved.  You may only download, view and print content from this Site for private and non-commercial purposes. All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws.

Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Colours
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. The actual colours you see will depend on your computer monitor, and we cannot guarantee that your monitor’s display of any colour will be accurate.