Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Thandi & Maya! The terms “we”, “us” and “our” refer to Thandi & Maya. Thandi & Maya operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Thandi & Maya is powered by Shopify, which enables us to provide the Services.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state, province or region of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information.

You represent and warrant that all information you provide through our store is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or the appearance of products may differ from how they appear on your screen due to the device you use and its settings.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or exactly match its representation in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Thandi & Maya reserves the right to accept or reject your order for any reason at our discretion.

Your order is not accepted until Thandi & Maya confirms its acceptance. Payment must be received and processed before an order is accepted.

Please review your order carefully before submitting it, as Thandi & Maya may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is submitted and will be stated in your order confirmation email.

Unless expressly stated otherwise, published prices do not include taxes, shipping and handling charges, customs duties or import costs.

Prices published in our online store may differ from prices offered through physical stores or other stores operated by third parties.

We may occasionally offer promotions through the Services that affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the relevant payment method and that all charges incurred will be honoured by your payment provider.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures or events outside our reasonable control.

Once products have been transferred to the shipping carrier, ownership and risk of loss pass to you, subject to applicable law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio and their design, selection and arrangement, are owned by Thandi & Maya, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants or should be interpreted as granting any licence or other rights relating to patents, trademarks, copyrights or other intellectual property rights belonging to Thandi & Maya, Shopify or any third party.

All rights not expressly granted under these Terms are reserved by Thandi & Maya.

The Thandi & Maya name, logo, product and service names, designs and slogans are trademarks of Thandi & Maya or its affiliates or licensors. You may not use these trademarks without our prior written consent.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party customer tools as part of the Services that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which those tools are provided by their respective third-party providers.

We may also offer new features through the Services in the future. Such new features will also be considered part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including integrated third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

We are not responsible for any harm or damages relating to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review the policies and practices of third parties before engaging in any transaction with them.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Thandi & Maya is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made through our store are made directly with Thandi & Maya.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Thandi & Maya, including any damages, injuries or losses arising from products and services purchased.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with Thandi & Maya.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and third parties that may be located in a country other than the country in which you reside.

Please review our Privacy Policy for further information about how personal information is processed.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

You represent and warrant that you own or otherwise have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with it and that your Feedback complies with these Terms.

We are under no obligation to keep Feedback confidential, compensate you for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders where permitted by applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to engage in unlawful or harmful activities, violate applicable laws, infringe our intellectual property rights or those of others, harass or harm another person, transmit false or misleading information, distribute spam or malicious software, impersonate another person or entity, collect personal information without authorisation, interfere with security features or otherwise misuse the Services.

We reserve the right to suspend, disable or terminate access where we determine that these Terms have been violated.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion where permitted by applicable law.

You remain responsible for all amounts due up to and including the date of termination.

Any provisions which by their nature should survive termination will continue to apply after termination.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THANDI & MAYA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 – INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Thandi & Maya, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims, including reasonable legal fees, arising from your violation of these Terms, violation of applicable law or infringement of third-party rights.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this website constitute the entire agreement between you and us relating to your use of the Services and supersede prior agreements, communications and proposals relating to the Services.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreements through which we provide the Services will be governed by and interpreted in accordance with the laws applicable to the jurisdiction in which Thandi & Maya is established, subject to any mandatory consumer protection laws that apply to you.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You can review the current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will notify you of material changes. Your continued use of the Services following changes constitutes acceptance of the updated Terms where permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Thandi & Maya
Email: info@thandi-maya.co.za