Terms of service
1. INTRODUCTION
1.1 This website is owned and operated by the CC and can be accessed at http://pets-vet.co.za, and/or
through related mobi-sites and software applications and any other portals specifically made available
by the CC in relation to this e-commerce platform (the "Website").
1.2 The Website is an e-commerce platform that enables you to browse and purchase an array of products
and/or services as made available to a User for purchase on the Website, and which shall include, inter
alia, goods and/or services relating to pet food and/or pet care ("Goods"). Goods may also be ordered
directly from the CC, in line with its ordering processes and procedures.
1.3 These Terms and Conditions ("Ts&Cs") govern the ordering, procuring and delivery of all Goods whether
procured directly from the CC or through the Website (including all services related thereto) and are
binding and enforceable between the CC and every person that uses the services of the CC or,
browses, accesses, or becomes a registered user on the Website for whatever purpose ("you", "your"
or "User" "Customer").
1.4 Any reference to "the CC", "our", "we" & "us", shall (to the extent legally permissible) include our
members, directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries,
holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
2. CONSUMER DISCLOSURES
2.1 These "Ts&Cs" contain provisions that:
2.1.1 limit our and/or other third parties’ liability towards you;
2.1.2 place certain assumptions of risk on you (including certain undertakings and indemnifications) towards us and/or other third parties; and
2.1.3 includes certain admissions of facts.
2.2 Nothing in these "Ts&Cs" is intended to contravene the applicable provisions of the Consumer
Protection Act, 2008 or any similar legislation in any applicable jurisdiction. These "Ts&Cs" must be
treated as being qualified, to the extent necessary, to ensure compliance with all applicable laws.
3. REGISTRATION AND USE OF THE WEBSITE
3.1 Only registered Users may order and procure Goods through the Website.
3.2 In order to become a registered User, you will need to complete the registration process, on our
Website, where you will be prompted to provide us with login details and submit certain personal
information (in line with our Website Terms of Use and General Privacy Policy). The process allows you to transition from being a browser to being able to order and/or procure Goods.
3.3 Each time you wish to order Goods, you be required to log into the Website using your login details. If
you do not enter the correct log in detail, you will be denied access.
3.4 You agree and warrant that your login details will only be used for personal use and not to
disclosed to any other third party. Where your correct login details are entered in for your
account, irrespective of whether such entry is fraudulent or unauthorised, you agree to be liable
for the payment of such order, save for where an order is cancelled in accordance with these
"Ts&Cs".
3.5 If you become aware of, or reasonably suspect, any unauthorised use of or access to your account or
login details, you need to notify us of this immediately and take all reasonable steps to mitigate any
potential loss or harm in this regard.
4. ORDERING AND PURCHASING GOODS
4.1 All Goods may be ordered either:
4.1.1 via the Website; or
4.1.2 directly from the CC in line with its ordering processes.
4.2 Orders via the Website
4.2.1 All Goods that you intend to purchase should be stored in your cart on the Website ("Cart"), prior to
payment, by clicking "Add to Cart".
4.2.2 The Goods you select together with their individual prices will be reflected in your Cart and will
automatically be tallied as a total and will be inclusive of VAT (to the extent that VAT applies) but
may not necessarily inclusive of any and all other applicable taxes.
4.3 Direct Orders and Bulk/Group Orders
4.3.1 Company quotations are not binding offers but merely invitations.
4.3.2 All orders for Goods need to be placed by you, in person, in writing or over the telephone in
accordance with the CC’s standard ordering processes.
4.3.3 A binding agreement for the provision of Goods ("Accepted Order") shall only come into effect upon
the CC’s acceptance of an order.
4.3.4 Payment shall be made in full to the CC, without any set off, deduction or withholding, prior to orders
being placed with our suppliers unless expressly otherwise stated on the CC’s s official tax invoice.
Customers who have accounts with us shall make payment in full to the CC, without any set off,
deduction or withholding within 30 days of the date of the CC’s initial statement relating to an order,
unless expressly otherwise stated on the CC’s s official tax invoice.
5. PAYMENT OF GOODS
5.1 You may select to pay for the Goods via the following methods (where applicable):
5.1.1 credit card;
5.1.2 debit card; and/or
5.1.3 electronic funds transfer or bank transfer.
5.2 All payments must be made net of any charge or applicable taxes.
5.3 We may require additional information in order to authorise and/or verify the validity of your payment. In
such cases we will be entitled to withhold delivery until such time as the additional information is
received and/or authorisation is obtained by us for the full amount/s in question. If we do not receive
such authorisation your order will be cancelled.
5.4 You warrant that you are fully authorised to use your selected payment method and have sufficient
funds available to cover the costs of procuring the Goods and services.
6. DELIVERY OF GOODS
6.1 The Goods shall be delivered [digitally and/or] in person.
6.2 [All digital Goods shall be delivered via a download link on the Website or log in details sent to you via
email.]
6.3 Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for
any loss or unauthorised use of the Goods after provision thereof to you.
6.4 Orders for Goods placed within a 5km radius of the physical location of the CC, trading as Pets Vet
Animal Clinic, Piet Retief, South Africa, shall be fulfilled within 3 (three) working days.
6.5 All orders placed for Goods, in the event that the value of the such order is less than R500.00, shall
incur a delivery fee of R50.00 per order to the extent that the delivery address is within a 5km radius of
the physical location of the CC, trading as Pets Vet Animal Clinic.
6.6 Orders placed for Goods, in excess of R500.00 shall, to the extent that the delivery address is within a
5km radius of the physical location of the CC, trading as Pets Vet Animal Clinic, be delivered free of
charge.
6.7 All orders for Goods placed anywhere else in the Republic of South Africa (i.e. excluding those placed in
terms of clause 6.4 , will be charged a delivery fee as quoted on check out and will be dispatched within
3 (three) working days. Such orders will be fulfilled by courier and you will be subject to the relevant
terms and conditions of delivery applicable to such courier's service. Certain outlying regional areas may
carry a surcharge for delivery but you will be contacted in this regard before your order is dispatched.
6.8 You should note that delivery time frames are not guaranteed and may, from time to time, be influenced
by stock availability and measures out of the control of the CC.
7. WARRANTIES BY THE CC
7.1 Except for any express warranties in these "Ts&Cs" the Goods are provided "as is" and we make no other
warranties, express or implied, including but not limited to warranties of merchantability, fitness for a
particular purpose or non-infringement.
7.2 Further we make no representation or warranty (express or implied) that the Website or Goods will meet
a User’s needs or be accurate, complete or current.
8. WARRANTIES BY THE CUSTOMER
8.1 To the extent applicable:
8.1.1 You warrant that you are authorised to bind yourself in terms of these "Ts&Cs" (this
"Agreement") and to bind the Customer;
8.1.2 You confirm you are aware that the Goods are aimed towards end users who are/may be
minors and/or require parental approvals and/or consents;
8.1.3 in procuring the Goods, you warrant that to the extent any additional legal approvals or
consents are required (for example parental or guardian consents) you shall be responsible
for and have obtained all the necessary consents and approvals required by law; and
8.1.4 you hereby indemnify the CC against any loss, claim or damage, of whatsoever nature that
arises from your breach of any of the provisions of these "Ts&Cs" and/or the absence of any
mandatory approvals or consents.
9. RETURNS AND CANCELLATION OF AN ORDER
Subject to applicable law, the Customer may not cancel any order or reject delivery of or return any
Goods without the prior written consent of the CC (which consent remains at the CC’s sole discretion).
The CC shall be entitled to impose reasonable terms and conditions (including charging a reasonable
fee) when consenting to the cancellation of any order or the return of any Goods.
10. PERSONAL INFORMATION
In submitting any information to us, you unconditionally and voluntarily consent to the processing of your
personal information for any and all purposes related to these "Ts&Cs" and the provisions of our Website
Terms of Use and General Privacy Policy
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1 The Website and the procurement of Goods thereon shall be used entirely at your own risk. See
further: Website Terms of Use and General Privacy Policy
11.2 As far as is legally permissible:
11.2.1 the CC’s liability, howsoever, arising, shall be limited to the purchase price received for the
Goods to which the liability relates;
11.2.2 the CC shall not be liable for any direct, indirect, incidental, punitive, special or consequential
loss or damages;
11.2.3 you hereby indemnify the CC against any loss, claim or damage, of whatsoever nature, which
may be suffered by you or any third party, arising from your use of the Goods and/or the
Website and/or which exceed our limitation of liability and/or arises from a breach of any of
the provisions of these "Ts&Cs" and/or our other policies by you. 11.3 As far as is legally permissible, we exclude all implied warranties and representations that might
apply in relation to the use of the Website and/or our Goods.
12. BREACH AND TERMINATION
12.1 If either Party commits a breach of the "Ts&Cs" and fails to remedy such breach within 21 (twenty one)
days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall
be entitled, at its option, either to cancel the "Ts&Cs" and claim damages or alternatively to claim specific
performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such
obligations have fallen due for performance.
12.2 The CC, may, in its sole discretion, at any time and for any reason and without prior written notice,
suspend or terminate the operation of the Website or any User’s right to use the Website or any of its
Goods, services or contents subject to closing out any pending orders that may have already been
placed.
13. FORCE MAJEURE:
13.1 The failure of either Party to fulfil any of their obligations under these "Ts&Cs" shall not be considered to be
a breach of, or default of these "Ts&Cs" provided that such inability arises from an event of Force Majeure,
and either of the parties who may be affected by such event has taken all reasonable precautions, due
care and reasonable alternative measures to meet these "Ts&Cs" and has informed the other, as soon as
is reasonably possible, about the occurrence of such an event.
13.2 During the subsistence of the Force Majeure, the performance of both Parties under these "Ts&Cs" shall
be suspended, on the condition that either of them may elect to cancel any Goods or services should
the event of Force Majeure continue for more than 21 (twenty-one) days by giving written notice to the
other.
14. COPYRIGHT AND INTELLECTUAL PROPERTY
The Website and provision of our Goods may be subject to certain intellectual property. In procuring our
Goods you agree to be bound by the Website Terms of Use and General Privacy Policy [Note: Include
Website Terms of Use and Privacy Policy link here] in this respect, including indemnify us against
any damage, loss or claim resulting from any infringement in this respect.
15. LAW, JURISDICTION, ARBITRATION
15.1 This Agreement is subject to the substantive laws of the Republic of South Africa.
15.2 Nothing in this clause shall preclude either party from seeking urgent interim relief or summary
judgement from any South African court of law or a body of competent jurisdiction.
15.3 In the event of any dispute arising out of or in connection with these "Ts&Cs" the parties agree that they
shall use their best endeavours to informally resolve the dispute, informally, within 21 (twenty one) days
of the dispute having been raised in writing.
15.4 If either Party provides written notification to the other that such informal resolution attempt has failed,
then either of them may refer the matter to be settled by arbitration. The parties may agree on the
arbitration procedure and, failing agreement within 10 business days of the aforementioned written
notice, the arbitration shall be conducted in accordance with the the rules of Arbitration Foundation of
South Africa ("AFSA"), or its successor body, by an arbitrator or arbitrators appointed by AFSA, or its
successor body.
15.5 The arbitration shall be held in Piet Retief. The number of arbitrators shall be one and shall be a South
African qualified advocate or attorney of at least 10 (ten) years’ experience, as agreed to between the
parties, failing which an arbitrator appointed by a local appointing arbitration authority.
15.6 The arbitration award shall be final and binding on the parties and shall not be subject to appeal.
15.7 You shall be liable for all costs incurred by us in the enforcement of any rights under this Agreement.
16. NOTICES FOR LEGAL SERVICE AND CONTACT INFORMATION (DOMICILIUM CITANDI ET
EXECUTANDI)
16.1 For the purposes of legal proceedings and for giving or sending any notice the parties choose the
following:
16.1.1 the CC: email: info@pets-vet.co.za; (for the avoidance of doubt the CC has not listed a physical
address and consents to electronic service); and
16.1.2 You: the address/es you specify when you register on the Website or register with the CC.
16.2 The parties may change their domicilium to any other email address or physical address by written
notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of
notice of the change of domicilium.
16.3 All notices given under these "Ts&Cs" must:
16.3.1 be given in writing;
16.3.2 be delivered physically by courier sent by email (with proof of a delivery receipt in both cases); and
16.3.3 will be presumed to have been received on the date of the delivery receipt.
17. GENERAL
17.1 These "Ts&Cs" (including all incorporated policies) constitute the whole agreement between the parties
and no variation, addition, deletion, or agreed cancellation of these "Ts&Cs" will be of any force or effect
unless reduced to writing and signed by both parties - save for any amendment as per clause 17 - which
shall be deemed to be agreed and signed by both parties.
17.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these "Ts&Cs" to
any third party.
17.3 Any failure by us to enforce any of our rights in terms hereof shall not constitute a waiver of such rights.
Any indulgence, extension of time, relaxation or latitude by a party to the other shall not constitute a
waiver of that party’s rights.
17.4 If any term or condition contained herein is declared invalid, such term shall be deemed to be severed
from this Agreement and the remaining terms and conditions shall remain in full force and effect.
17.5 No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future
be available under any law.
18. AMENDMENTS
18.1 We may amend these "Ts&Cs" and/ or any of the documents incorporated hereunder by reference from
time to time.
18.2 Any such amendment will come into effect and become part of any agreement you have with the CC
when notice is given to you of the change by publication on our website. It is your responsibility to check
the website often.