Past2Present Creations

Terms & Conditions

Introduction

  • This website can be accessed at www.past2presentcreations.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Past 2 Present Creations.
  • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  • The Website enables you to shop online for an extensive range of goods.

Important Notice

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    • may limit the risk or liability of Past 2 Present Creations or a third party; and/or
    • may create risk or liability for the user; and/or
    • may compel the user to indemnify Past 2 Present Creations or a third party; and/or
    • serves as an acknowledgement, by the user, of a fact.
  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Past 2 Present Creations to explain it to you before you accept the Terms and Conditions or continue using the Website.
  • 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 Past 2 Present Creations in terms of the CPA.
  • Past 2 Present Creations 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.

Registration and use of the website

  • Only registered users may order Goods on the Website.
  • To register as a user, you must provide a unique username and password and provide certain information and personal details to Takealot. 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.
  • 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.
  • You agree to notify Past 2 Present Creations 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.
  • By using the Website 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.
  • 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 Past 2 Present Creations representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  • 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 Past 2 Present Creations representative.

Conclusion of sales and availability of stock

  • Registered users may place orders for Goods, which Past 2 Present Creations or the Third Party Seller may accept or reject. Whether or not Past 2 Present Creations 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 Past 2 Present Creations for the Goods.
  • NOTE: Past 2 Present Creations will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Past 2 Present Creations Seller come into effect (the “Sale”).This is regardless of any communication from Past 2 Present Creations stating that your order or payment has been confirmed. Past 2 Present Creations will indicate the rejection of your order (by Past 2 Present Creations itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  • Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only if faulty in accordance with the Returns Policy.
  • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Past 2 Present Creations, Past 2 Present Creations 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 you have placed an order, Past 2 Present Creations will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
  • Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  • Payment can be made for Goods via -
    • Paypal;
    • Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order
    • Instant EFT;
    • cash on delivery (if collected in store).
  • The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
  • You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.

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.
  • Past 2 Present Creations shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Gift Vouchers & Coupons

  • Past 2 Present Creations may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Past 2 Present Creations Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Gift Vouchers

  • Gift Vouchers that are purchased by registered users are valid for 6 months after Sale. Gift Vouchers that Takealot gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
  • Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift 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.
  • Past 2 Present Creations is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

Changes to these Terms and Conditions

  • Past 2 Present Creations 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.
  • 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 or partners electronically in accordance with our privacy policy as set out in clause 14 above.

Ownership and copyright

  • 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 Website Content is the property of Past 2 Present Creations, its advertisers and/or sponsors and/or is licensed to Past 2 Present Creations.
  • You will not acquire any right, title or interest in or to the Website or the Website Content.
  • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.
  • Where any of the Website Content has been licensed to Past 2 Present Creations 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

  • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • Whilst Past 2 Present Creations takes reasonable measures to ensure that the content of the Website is accurate and complete, Past 2 Present Creations 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 Website. If any such representations or warranties are made by Past 2 Present Creations’s representatives, Past 2 Present Creations shall not be bound thereby.
  • Past 2 Present Creations disclaims liability for any damage, loss or expenses, 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.
  • 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.
  • Any views or statements made or expressed on the Website are not necessarily the views of Past 2 Present Creations, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Past 2 Present Creations 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 Past 2 Present Creations, its employees, agents or authorised representatives. Past 2 Present Creations thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Limitation of liability

  • Past 2 Present Creations cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Past 2 Present Creations, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
  • Past 2 Present Creations 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 WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  • YOU HEREBY INDEMNIFY TAKEALOT 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 WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

  • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  • Past 2 Present Creations may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Past 2 Present Creations 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, to the extent possible.
  • 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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination 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 

  • 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 Website 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.
  • In the event of any dispute arising between you and Past 2 Present Creations, 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.
  • Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

  • Past 2 Present Creations hereby selects Cnr of Peace & Windsor Street Tzaneen 0850,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Past 2 Present Creations may change this address from time to time by updating these Terms and Conditions.
  • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Past 2 Present Creations not less than 7 days’ notice in writing.

Complaints 

  • We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website or you can contact our call centre on 087 362 800.
  • If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

Information

  • For the purposes of the ECT Act, Past 2 Present Creations’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    • Full name: Past 2 Present Creations
    • Main business: Retail store
    • Physical address for receipt of legal service (also postal and street address): Cnr of Peace & Windsor Street, Tzaneen, 0850
    • Phone number: +27 0834639012
    • Email address: past2presentcreations@gmail.com
    • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.