Candylicious Terms & Conditions

This website is operated by Candylicious Retail (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Candylicious Retail (Pty) Ltd. 

Candylicious Retail (Pty) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This website and the articles on our website are not a substitute for professional advice. We do not warrant the accuracy, completeness or adequacy of the information or material on this website. All information is subject to change without notice. We and each party providing material displayed on this website disclaim liability to all persons or organisations in relation to any action(s) taken on the basis of currency or accuracy of the information or material, or any loss or damage suffered in connection with that information or material.

COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Candylicious Retail (Pty) Ltd. 

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. 

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. 

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

ACCEPTANCE AND REGISTRATION

These terms and conditions become effective when you complete the registration process and constitute a binding agreement between us and yourself. 

By completing the registration process, you certify that you have read and understood the relevant terms and conditions of use and disclaimers applicable and that you consider yourself bound thereby. 

The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorised to accept these terms and conditions.

PRIVACY POLICY

We keep your personal information private and secure. When you make a purchase from our site, you provide:

  • your name, 
  • email address, 
  • credit card information, 
  • address, 
  • phone number, and 
  • a password. 

We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to our site. 

You hereby acknowledge that we operate its direct marketing on an opt-out basis and that we may deliver emails until an unsubscribe request is made.

We undertake to ensure that an unsubscribe link is available on all marketing emails. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

Please see our PRIVACY POLICY for more information.

PRIVACY ON OTHER WEBSITES

Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site’s privacy policy. We are not responsible for the actions of third parties.

ORDER POLICY

Orders will be processed and shipped during “working days” which are any day that is not a Saturday, a Sunday or a Public Holiday.

Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on our website.

Only persons residing in South Africa may place orders with us. We will not deliver goods to addresses outside of South Africa.

By placing an order, you represent and warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 18 years of age; and
  • You agree to be bound by these Terms.

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.

Placing Goods in a wishlist or 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 or the price thereof might change without notice to you. 

You cannot hold us liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

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 on our website, 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 you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. 

We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

PRODUCTS

The products and prices stated on this website are only valid while stocks last.

The products described or graphically represented on this website may differ in colour, shape, form, design, contents and appearance from the final product delivered.

Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right at any time to modify or discontinue products (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products.

OUT-OF-STOCK PRODUCTS

There may be times when the product you have ordered is not available to ship which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. All shortages will be refunded upon shipment of in-stock items.

MULTIPLE PRODUCT ORDERS

For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise.

CREDIT CARDS AND PAYMENTS

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

We accept the following credit cards: Visa and MasterCard. 

There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). 

Incorrect information will cause a delay in processing your order. Your credit card will be charged upon completing your order.

LINKS

This website contains links to other websites which are external to this website. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. 

Linkage to external websites should not be taken to be an endorsement or a recommendation of any third-party products or services offered by virtue of any information, material or content linked from or to this website. 

Users of links provided by this website are responsible for being aware of which organisation is represented or providing the information or material on the website they visit.

Views or recommendations provided in linked websites do not necessarily reflect our views or recommendations, nor the views or recommendations of associated parties.

OTHER CONDITIONS

These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether we sign them or not. We reserve the right to make changes to this site and these Conditions at any time.

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.

DELIVERY POLICY

Orders will only be shipped once we have received full payment of the full purchase price for the goods and all charges and costs relating to the products.

Unless otherwise agreed or stipulated in your order or on the website, your order will be delivered by the courier company specified by we, to the address provided by you during the order process. 

You must ensure that someone will be available at the delivery address during Business Hours (between 08:00 and 17:00 on Working Days) in order to receive delivery of the products. 

You will be responsible for any additional fees that may be charged by the courier if no-one was available to receive delivery of the order at the address specified by you.

We will not be liable for any costs, loss, damages or claims incurred by you relating to an inaccurate or incorrect delivery address provided by you.

RETURNS AND REFUND POLICY

You are entitled to cancel an order within 7 (seven) Days after receiving delivery thereof, provided that the product is unopened, in its original condition and any and all seals, packaging, labels, shrink-wrap and/or boxing remains intact.

Any product returned must be accompanied with your proof of payment in respect of such product. 

The product must be returned via courier to our physical address, which will be provided to you on request.

If a product is returned, we will, following receipt and examination of such product, reimburse you with the purchase price paid by you for the product, excluding any applicable delivery costs and/or charges.

Please see our RETURNS POLICY for more information on returns.

SHIPPING POLICIES

Our shipping charges are based on standard courier rates, including package weight, size, and distance shipped. 

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us, or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

Please see our SHIPPING POLICIES for more information.

SOUTH AFRICAN LAW

This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of Gauteng will prevail.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Candylicious Retail (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Candylicious Retail (Pty) Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

X