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Terms and Conditions

Introduction

  • This website can be accessed at limba.co.za (“Website”).
  • The Website is made available by Limba Originals (Pty) Ltd (registration number: 2018/582614/07) (hereinafter referred to as “Limba”, “we”, “us” or “our” )
  • These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the website.
  • If you do not understand any provision under these terms and condition or if you have any questions in relation to these terms and conditions address your query to us at info@limba.co.za before accepting the Terms and Condition or otherwise using the Website.

Registration

  • Purchases on this Website can only be made by registered users.
  • To register as a user you will be required to provide personal information, a unique username and password.
  • Completion of the registration constitutes acceptance and agreement with these Terms and Conditions. You will accordingly be bound to these Terms and Conditions, once you have registered.
  • It is your responsibility to keep your password secure and accordingly you undertake to personally use the username and password and to take sufficient steps to keep the username and password secure at all times.
  • You acknowledge and accept that once the correct username and password relating to your account are 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.
  • 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

Use of website

  • 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 Limba 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 Limba representative.
  • Limba does not make any warranty or representation that information and Goods advertised on the Website are appropriate for use.
  • By accessing the Website, you warrant and represent to Limba that you are legally entitled to do so and to make use of information and purchase the Goods made available via the Website.
  • We do not warrant the accuracy of information on the Website and errors may occur from time to time including in relation to stock availability and pricing. As erroneous information may be displayed on the Website from time to time, Limba cannot be held liable for any inaccurate information and/or prices published on the Website. Limba will not under any circumstances whatsoever be obligated to sell any Goods at such erroneous price displayed on the Website.
  • Limba uses reasonable endeavours to maintain the availability of the Website. Scheduled and unscheduled maintenance periods will affect the availability or function of the Website.  Limba may in its sole discretion elect to discontinue or suspend providing the Website or any part thereof with or without notice to you.
  • Your use of the Website is at Limba’ s discretion. In the event that you abuse your use of the Website or you otherwise fail to comply with these Terms and Conditions. Limba accordingly retains the right to limit, suspend or terminate your use of the Website without any liability to you excluding the payment of any refunds due to you.
  • Please contact us to report any errors you may encounter on the Website.

Ordering Goods

  • Subject to the availability of stock and these Terms and Conditions, registered users may place orders for Goods from us which are listed on the Website.
  • Once you select the Goods you wish to purchase and submit your order, you will have an opportunity to review the proposed transaction, before electing whether to proceed with the transaction or not. Upon selecting to proceed with the purchase you are deemed to have submitted an offer to purchase the Goods (“order“) and the order can be withdrawn by you.
  • The mere placing of Goods in your online shopping basket without proceeding to complete the payment does not in anyway constitute an order for such Goods. We may remove Goods from the shopping basket for any reason including if stock is no longer available. In such event, we will not be liable to you if such Goods are not available when you complete or attempt to complete the purchase process.
  • We reserve the right to reject any order made on our Website at our sole discretion, without giving any reason for such rejection and with no obligation to you.
  • All prices for Goods on our website are quoted in South African Rands.
  • The price of Goods may be changed at any time.
  • Goods purchased on the Website can only be delivered in South Africa.
  • The purchase of any Goods  is only deemed to have been concluded once:
    • The Goods have been paid for; and
    • the Goods have been delivered in accordance with the selected delivery option or agreed process set out in the Terms and Conditions. This is regardless of any communication from us that your order or payment has been confirmed.
  • In the event that we cancel any order we will refund you for any amount already paid to us for such Goods ordered.

Stock Availability

  • All Goods displayed on our Website are subject to availability. The display of any Goods on the Website does not guarantee the availability of the Goods.
  • We take all reasonable efforts to monitor stock levels, we cannot however guarantee the availability of stock.
  • We reserve the right to discontinue or change the specifications of our Goods from time to time without notice.

We will inform you as soon as possible if any Goods ordered by you are not available and you will be entitled to a refund of any amount paid for Goods which are no longer available. Should the Goods no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you

Payment

  • We accept payments via credit card or debit card. Only Mastercard and VISA credit and debit cards are accepted.
  • Once you have selected your payment method and you have accepted these Terms and Conditions, you will be directed to a link to a secure site to complete the payment for the Goods ordered.
  • The total value of your online order will be debited against the card selected by you during the check-out process.
  • Payment will be effected on acceptance of your order and prior to delivery.
  • By proceeding to make payment with the selected credit or debit card, you warrant that you are fully authorised to use such card for purposes of paying the Goods. You also warrant that your selected card has sufficient available funds to cover the purchase of the Goods.
  • We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason.

Delivery

  • The delivery of Goods purchased on the Website is via courier.
  • Goods displayed on the Website will be delivered only within the Republic of South Africa to areas where we deliver.
  • Risk in the Goods shall pass to you or your authorized representative on delivery.

Retruns

  • Please see the Returns and Exchanges policy.
  • The Returns policy is incorporated under these Terms and Conditions by reference.

Cancellations

You are entitled to cancel, without reason and without penalty, your order for any Goods within 7  (seven) days of receipt of the Goods provided such Goods have not been used. In the event of a cancellation the following shall apply

  • Prior to Dispatch
    • You can cancel your order within 24 hours of making the order provided that the Goods have not been dispatched for delivery.
    • You cancel the order by logging into your account, selecting the relevant order and selecting the cancel order tab.
  • After Dispatch

Following dispatch of your order, your order may be cancelled on the following basis:

  • You can cancel your order within 7 days of receipt of the Goods;
  • You cancel the order by logging into your account, selecting the relevant order and selecting the cancel order tab;
  • the Goods must not be used or be damaged and the Goods are returned in their original packaging;
  • we will refund you the purchase price within 30 (thirty) days of the date of your cancellation of the order provided that the Goods have not been used or damaged and are returned in their original packaging;
  • the agreement of purchase will be deemed to have been cancelled, and
  • you will be liable, for the direct costs of returning the Goods.
  • If you cancel your order later than 7 (seven) days of receipt of the Goods, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations.
  • If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.

Disclaimer

  • Limba takes reasonable measures to ensure that the content of the Website is accurate and complete, however Limba 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.
  • The use of the Website is entirely at your own risk. As a registered user you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • Limba disclaims liability for any damage, loss, liability, (whether direct, indirect or consequential in nature) or expense of any nature, arising out of or in connection with your access to or use of the Website (and/or any content therein) or your use of an Goods purchase via the Website.
  • Without limiting the generality of the aforegoing, neither Limba nor its directors shall be liable for any failure or unavailability of the Website for any reason whatever or the failure or delay by any third party service provider to render any service which are necessary to ensure the availability of the Website or the functioning of the ordering and payment platform or the delivery of Goods.
  • Limba shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of profits and loss of business) suffered or incurred by you or any third party howsoever arising in respect of your use of the Website or reliance of any information offered on or via the Website and/or your use of the Goods.
  • You hereby indemnify Limba 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
  • 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 on an “as is” basis 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.

  • You acknowledge that any views or statements, appearing, made or expressed on the Website are not necessarily the views of Limba or its directors, employees, agents, suppliers or contractors.

Limits of Liability

  • LImba 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 Limba 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.

Warranties

  • Limba makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Goods.
  • The Website and Goods made available via the Website are provided on an “as is” basis.
  • Limba 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. By using the Website 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 willful misconduct of Limba.

Linked third part websites

  • This Website may contain links or references to other websites (“Third Party Websites”). We have no control over the Third Party Websites.
  • These Terms and Conditions do not apply to those Third Party Websites and Limba is not responsible for the practices of those Third Party Websites. Should you access those Third Party Websites you do so at your own risk. Limba is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained on such website.

Notices

  • The address for service for all purposes relating to these Terms and Conditions including the giving of any notice shall be:
    • For Limba: the address set out below under clause 17.
    • For you: the address specified as your nominated address in your registration.
  • You may change your physical address to any address within the Republic of South Africa by giving Limba at least 7 days’ written notice.

Limba shall be entitled by giving notice to you to vary its physical address for service to any other physical address.

Amendments to the Terms and Conditions

  • These Terms and Conditions may be amended, at our sole discretion and without notice, from time to time.

General

  • 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 Limba, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Nothing in this clause 16.3 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.

Disclosures – section 43 of the Electronic Communications and Transactions Act 25 of 2002

Full name : Limba Originals (Pty) Ltd

Physical address : 3A De La Rey Road, Rivonia

Telephone number : 073 156 9858

Website address : www.limba.co.za

E-mail address :  info@limba.co.za

Company registration number : 2018/582614/07

Vat Registration Number:

Country of incorporation : South Africa

Director details: Brigid Shipalana