Terms and Conditions
1. Introduction
Camijo Trading is a business in the online retail industry.
The Standard Terms and Conditions written on this webpage shall manage your use of our website, www.camijo.co.za
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here.
You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
2. Content
The information contained within the www.camijo.co.za website has been acquired from many different sources. Camijo Trading is not responsible for the topicality, correctness, completeness or quality of the information provided at any time, does not guarantee that the information or software is accurate, reliable, complete, up to date or free from any errors or viruses. Liability claims against Camijo Trading regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will therefore not arise.
All offers are non-binding and without obligation. Parts of the pages or the complete website, including all offers and information, may be extended, changed or partly or completely deleted by Camijo Trading without separate announcement.
3. Delivery
Orders will be dispatched once payment has been received.
Free door to door shipping is offered on order values of R1 000.00 or more including VAT (South Africa only).
Orders below R999.00 including VAT will be charged R110.00 for delivery. (South Africa only).
Your order will be processed within 48 hours and dispatched with our courier and should usually arrive within 5-10 business days. Please allow 7-14 business days for shipping to rural areas, and an additional 5 business days for orders that are made to order or require customisation.
Camijo Trading will not be held liable for any damages or losses occurred due to the incorrect delivery address or absence of recipient.
For International deliveries each order will be considered individually.
4. Return and Refunds policy
The provision of goods and services by Camijo Trading is subject to availability. In cases of unavailability, Camijo Trading will refund the customer in full within 30 days. Cancellation of orders by the client will attract a 3% administration fee. Refer to the Returns and Refund Policy for more detail.
5. Customer Privacy policy
Camijo Trading shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
6. Payment options accepted
Payment may be made via Visa and MasterCard.
7. Card acquiring and security
Card transactions will be acquired for Camijo Trading via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details
Customer details will be stored by Camijo Trading separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility
Camijo Trading takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11. Country of domicile
This website is governed by the laws of South Africa
12. Variation
Camijo Trading may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Referrals and Links
Camijo Trading is not responsible for any content linked to or referred to in their pages. If any damage occurs through the use of information presented there, only the companies or individuals responsible for the respective pages might be liable, not those who have linked to these pages. Furthermore, Camijo Trading is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on their page.
14. Intellectual Property Rights
Other than the content you own, under these Terms, Camijo Trading South Africa and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
15. Data Security
If the opportunity for the input of personal or business data (email addresses, names, and addresses) is given, the input of this data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias.
16. Legal Validity of this Disclaimer
This disclaimer is to be regarded as part of the internet publication from which you were referred. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
17. General
Camijo Trading shall not in any circumstances whatsoever be liable for any damage or prejudice which the client may suffer arising out of and in connection with any information made available by Camijo Trading. Whilst Camijo Trading is not responsible for the information (see paragraph Content above), it is acknowledged by the client that Camijo Trading has no obligation to check on the accuracy or otherwise of the information displayed. Camijo Trading merely conveys the information made available to it without assuming any onus or obligation.
18. Trading on this Site
Please read this in conjunction with the “Sell on Camijo” policy Sell on Camijo under the information section of the website.
18.1. To create a store and sell products through the Camijo Service you will have to create and register a seller user account which is different from the customer account that is required to purchase products through the Camijo Service. The seller account is created via the “Account” tab. At all times You represent and warrant that:
· your Registration Data is true, accurate, current, and complete (apart from optional items); and
· You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If Camijo suspects that your Registration Data is untrue, inaccurate, not current or incomplete, Camijo has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website or Service.
· You may never use another’s Account without permission.
· You are solely responsible for the activity that occurs on Your Account, and
· You must keep Your Account password secure.
· You must notify Camijo immediately of any breach of security or unauthorized use of Your Account.
· You will be liable for any use made of Your Account or password and the losses of Camijo or others due to such unauthorized use.
· Camijo will not be liable for Your losses caused by any unauthorized use of Your Account.
· All Registration Data becomes the exclusive property of Camijo, its affiliates, successors in interest, and subsidiaries.
· Camijo reserves the right to use and reuse all Registration Data subject to the Camijo Privacy Policy point 5 above.
· Camijo shall have the right to rely, without further inquiry, on provision of the user identification(s) and password(s) as sufficient to authenticate use of the Camijo Service.
18.2. Apart from any exempt products, Camijo is not involved in any sale and purchase of any goods and services on this Site, save for providing a venue for the sale of products and services, excluding prohibited products, and as such you hereby
18.2.1. are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Site;
18.2.2. have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
18.2.3. cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Site will be accurate;
18.2.4. have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services on this Site;
18.2.5. cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has ordered on this Site;
18.2.6. cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller;
18.2.7. cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
18.2.8. cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including without limitation, that the: credit card details of any Buyer or Seller (as the case may be) are correct;
o credit limit has not been exceeded;
o credit card has not been reported stolen;
o Buyer or Seller is entitled to authorised use of the credit card; or
o credit card is otherwise being lawfully used; and
18.3. Camijo will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement.
18.4. We do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the site for sale, or the acceptance of such offer.
18.5. The Camijo Service will create a store on the Camijo Website for active, authorized registered users of Camijo, in order to list, promote, market and sell Product (the “Seller”).
18.6. Camijo will require the Seller to provide Camijo admin with the details specified in the “Sell on Camijo” policy.
18.7. The Camijo Service allows an active, registered user or a “Guest User” of the Camijo Service to locate and purchase Product via the Camijo Service (the “Buyer”).
18.8. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
18.9. You agree to provide all necessary equipment, network connections and software to access this Site.
18.10. You agree that Camijo may restrict and/or terminate its services to you at any point in time if Camijo, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
18.11. Facilitates the communication between Users on the Camijo Service. We accept no responsibility or liability for the content of User to User communications on the Service.
18.12. The Camijo Service is “as is” and no refunds will be provided for fees.
18.13. Right to Use the Camijo Service is subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the Camijo Service,
18.14. Camijo hereby grants You a limited, revocable, non-exclusive, non- transferable, worldwide right to use the Camijo Service solely for the purposes described in this Agreement.
18.15. All rights not expressly granted to You are reserved by Camijo. Except as expressly permitted by Camijo, and You shall not:
18.15.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Camijo Service in any way;
18.15.2. modify or make derivative works based on the Camijo Service;
18.15.3. reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the Camijo Service;
18.15.4. rent, lease or otherwise transfer rights to any aspect of the Camijo Service; or
18.15.5. take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Camijo Service. You further agree that upon termination or expiration of this right, You shall no longer have the right to use the Camijo Service.
18.16. Camijo Service Fees
18.16.1. You are responsible for the monthly subscription, all transaction fees and other fees (the “Fees”) you have agreed to via the Camijo Service. Please refer to the “Sell on Camijo” policy.
18.16.2. Camijo charges You a monthly subscription fee and a percentage of the sale price when Your Product sells. This is detailed in the “Sell on Camijo” policy.
18.16.3. Camijo Fee Policy is subject to change and can be found on the “Sell on Camijo” Policy.
18.16.4. As stated fully in our Fee Policy, the seller will be charged a
· Monthly subscription in advance, which needs to reflect in the Camijo Bank Account on the 31st of each month.
· Upon a seller making a sale, a commission shall automatically be deducted and payments to seller will then be effected weekly on a Friday.
· A monthly statement will be emailed to you within the first week of the new month.
18.16.5. Changes to the Fees are effective at the time You accept the Fees or after Camijo provides You with at least fourteen (14) days’ notice by posting the changes on the Website. Notwithstanding the foregoing, Camijo may choose to temporarily change the Fees for Camijo services for promotional events. Such changes are effective when Camijo posts the temporary promotional event on the Website.
18.16.6. Camijo may, at Camijo’s sole discretion, change some or all Camijo’s services and Fees at any time. In the event Camijo introduces a new service, the Fees for that service are effective at the launch of the service.
18.16.7. You are responsible for paying all Fees and applicable taxes associated with using the Camijo Service.
18.16.8. Camijo’s obligations hereunder are conditioned upon Your fulfilment of all payment obligations to Camijo. If you fail to meet your obligations then Camijo shall have the right to suspend delivery of the Camijo Service to You, in whole or in part.
18.16.9. Any dispute or claim concerning calculation of Fees charged must be brought to the attention of Camijo by e-mail to seller@camijo.co.za, within forty-five (45) days following the statement date, accompanied by the details forming the basis for such dispute or claim. Failure to follow the procedure set forth in the preceding sentence shall serve as sufficient reason for Camijo to reject such claim without further liability.
18.16.10. You may close Your Account by providing a one (1) months’ notice to Camijo via the email seller@camijo.co.za.
18.16.11. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
18.16.12. We may choose in our sole discretion to change our fee structure, billing, and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.
18.16.13. We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
18.16.14. Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT.
18.16.15. Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Camijo; we further reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
18.17. Seller
18.17.1. Subject to this Clause 18.17, Clause 18.15 and Clause 18.16, you may post the goods and services that you wish to offer for sale on the Site.
18.17.2. You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
18.17.3. In addition to any other rights, we may have under this Agreement, if you fail to comply with Clause 18.17.2, we may prevent you from using the Services of this site.
18.17.4. You agree and warrant to the Buyer of those goods and services and separately to us that your information:
18.17.4.1. is accurate and not false, misleading, deceptive or fraudulent;
18.17.4.2. does not breach any Intellectual Property Rights of a third party;
18.17.4.3. is made in compliance with all applicable laws, government regulations or guidelines;
18.17.4.4. is not forged, threatening or offensive or otherwise constitutes harassment;
18.17.4.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
18.17.4.6. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
18.17.4.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
18.17.4.8. does not contain child pornography, bestiality or any other obscene or offensive material;
18.17.4.9. you are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
18.17.5. You will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
18.18. In addition to Clause 18.17, you represent and warrant to us and separately to the successful Buyer that:
18.18.1. the goods and services you offer for sale and sell, on this Site:
18.18.1.1. are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
18.18.1.2. correspond with the description that you have posted on this Site; and
18.18.1.3. if sold in bulk, will correspond with any samples; and
18.18.1.4. are not defective; and
18.18.1.5. is free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods
18.18.2. the services you offer for sale, and sell, on this Site:
18.18.2.1. will be rendered with due care and skill; and
18.18.2.2. any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
18.18.2.3. if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
18.18.3. the goods and/or services you offer for sale, and sell on this Site:
18.18.3.1. will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;
18.18.3.2. are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
18.19. In the information provided about the goods or services the Seller offers for sale, or sells on this Site, Camijo sets out the terms and conditions for sale of those goods or services, including the following:
18.19.1. payment terms;
18.19.2. terms of delivery;
18.19.3. returns policy;
18.19.4. taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and
18.19.5. unless stated to the contrary, any value will be construed to refer to South African Rands;
18.19.6. and the Seller agrees to such terms and conditions will include any matters prescribed by us under this Agreement.
18.20. Buyer
18.20.1. You agree and warrant to each Seller and separately to us that your information:
· is accurate and not false, misleading, deceptive or fraudulent;
· does not breach any Intellectual Property Rights of a third party;
· is made in compliance with all applicable laws, government regulations or guidelines;
· is not forged, threatening or offensive or otherwise constitutes harassment;
· does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
· does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
· will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
18.20.2. You have the legal capacity to purchase any goods or service and, will not otherwise be breaching any law in purchasing those goods or services;
18.20.3. You will not make an offer to purchase any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
18.20.4. he purchase of any goods and/or services on this Site is absolutely at your own risk;
18.20.5. You agree that you will utilise the Buyer Payment options made available to you by Camijo, namely;
18.20.5.1. the use of the third-party payment provider; or
18.20.5.2. credit card payments
18.21. Transaction between Seller and Buyer
18.21.1. In addition to this clause and clause 18.20.5
18.21.2. When you place an order on Camijo, you are entering into a direct transaction and personal relationship with an individual Seller (facilitated by the Camijo Service).
18.21.3. Camijo encourages the two parties to independently work through the transaction to completion.
18.21.4. Once transaction is completed the Buyer must pay the Seller utilising a Buyer Payment option.
18.21.5. Payment is made into the Camijo accounts, but Camijo is simply holding the funds for the relevant seller.
18.21.6. All sales are binding.
18.21.7. The Seller is obligated to ship the order or otherwise complete the Transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as:
18.21.7.1. the Buyer fails to meet the terms of the Seller’s listing, or
18.21.7.2. the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.
18.21.8. You may rate a product using the Camijo Rating system
18.21.8.1. the Seller agrees that feedback, comments and ratings scores may be provided about them;
18.21.8.2. You are only permitted to rate a product you have purchased (completed a transaction) that product;
18.21.8.3. You are responsible for the rating being fair, reasonable and in no way malicious. Comments and ratings cannot be edited once submitted. Therefore please be cautious when adding your comment, as you are unable to edit it once you have submitted it. You could also be held liable for damage(s) to the Seller if legal proceedings are taken against you for your comment.
18.21.8.4. You may not abuse the rating system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the rating of another user or raise your own rating. Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.
18.21.8.5. We would like to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances.
18.21.8.6. Camijo will not be held responsible for the rating the product is given, and for any comment remaining on the site.
18.22. In the case of all disputes between a Seller and Buyer, refer to clause 16.4. 7.
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