WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

1. The Gnarly Griffin (Pty) Ltd (“The Gnarly Griffin”, “we”, “us” and “our”) operates and owns a website that can be utilised for the ordering of an extensive range of products offered by The Gnarly Griffin (“Products”). This website can be accessed at https://thegnarlygriffin.com, (the “Website”).
2. These Website terms and conditions (“Terms and Conditions”) govern the use of the Website and the ordering, sale and delivery of Products.
3. The Terms and Conditions create legally binding and enforceable obligations in favour of us and against every person that accesses or uses the Website and/or who purchases Products from us (“you”, “your” or “user”). Through the use of the Website you acknowledge and undertake that you have both read the Terms and Conditions and that you agree to be bound by these Terms and Conditions. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms and Conditions on such entity’s behalf.

• IMPORTANT NOTICE REGARDING THE CONSUMER PROTECTION ACT, NO. 68 OF 2008 (the “CPA”)

1. These Terms and Conditions apply to users who are consumers for purposes of the CPA.
2. Your attention will be drawn to specific clauses of these Terms and Conditions through the use of text that appears in bold. Whilst each and every provision of these Terms and Conditions is important and serves a purpose, you should pay specific attention to such highlighted portions as the provisions of such clauses:
1. may limit our risk or liability; 
2. may create risk or liability for you; 
3. may compel you to indemnify us; or
4. may serve as an acknowledgement, by you, of a fact.
3. You must not use this Website if you do not agree to the Terms and Conditions. This is due to the fact that The Gnarly Griffin only permits the use of this Website subject to the Terms and Conditions.
4. By using this Website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions.
5. Where you do not understand any provision in these Terms and Conditions, it is your responsibility to ask us to explain it to you. It is imperative that you do this before you accept the Terms and Conditions or continue using the Website.
6. Any exclusions or limitations of our liability in accordance with these Terms and Conditions do not purport to exclude our liability to you in instances of our gross negligence, or our willful default or that of any person acting for or controlled by us, or where it would otherwise be:
1. contrary to, or prohibited by, the CPA for us to do so; or
2. unlawful for us to attempt to do so.

1. RETURNS

1. You may return Products which are not defective provided:
1. You return the Products within 7 (seven) days of receipt thereof.
2. The Products are undamaged and unused.
3. The Products are in their original packaging, which packaging is unopened and undamaged with all seals still in-tact.
4. The Products are not missing any accessories or parts.
2. You will be liable for the cost of returning any Products as contemplated in terms of clause 0 above.
3. Subject to you complying with the requirements stipulated clauses 3.1.1 to 3.1.4, you will receive a refund of the purchase price (excluding any courier and other costs that may have been incurred) paid by you for the Products within 30 (thirty) days of the Products having been returned to us.
4. You may return any defective Products provided:
1. You return the Products within 6 (six) months of receipt thereof.
2. You return the Products in their original packaging.
3. The Products are undamaged and unused, with the exception that they were already defective and faulty at the time they were received by you.
4. The Products are not missing any accessories or parts.
5. Subject to you complying with the requirements stipulated clauses 3.4.1 to 3.4.4, you will receive a refund of the purchase price paid by you for the defective Products within 30 (thirty) days of the Products having been returned to us.
6. For the purposes of clauses 3.4 and 3.5, a defect refers to a material imperfection in the manufacture of a Product or any characteristic of a Product, which makes the Product less acceptable than one would reasonably be entitled to expect in the circumstances. The following shall not be regarded as defects and shall not entitle you to a return in terms of clauses 3.4 and 3.5:
1. faults resulting from normal wear and tear;
2. damage arising from negligence, user abuse or incorrect usage of the Product;
3. damage arising from electrical surges or sea air corrosion;
4. damage arising from a failure to adequately care for the Product;
5. damage arising from unauthorized alterations to the Product;
6. where the specifications of a Product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.

1. USE OF THE WEBSITE

1. Prior to ordering any Products from the Website you will be required to provide us with certain information which may include inter alia:
1. full name (or entity name if applicable);
2. identity number (or company registration number if applicable);
3. VAT registration number (if applicable);
4. full name of contact person;
5. email address; 
6. contact number; and/or
7. physical address.
2. In the event that you are aware of, or should you reasonably suspect, any unauthorized access to or use of your details on the Website, you must take steps to mitigate any resultant loss or harm. Such steps include, but are not limited to, immediately notifying us of such unauthorized access or use of your details.
3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the Website.
4. You are specifically prohibited from: (i) printing, downloading, copying, adapting or re-transmitting any or all of the Website or the Website content otherwise than through your bona fide, personal, non-commercial use of the Website without, or in violation of, a written licence or agreement with us; (ii) using any data-mining, robots or similar data-gathering or extraction methods; (iii) manipulating or otherwise displaying the Website or the Website content by using framing or similar navigational technology; and (iv) using the Website or the Website content other than for its intended purpose. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
5. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy and the transmission of data.
6. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or Websites linking to the Website. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

1. CONCLUSION OF SALES AND AVAILABILITY OF PRODUCTS

1. Once a user has placed any order for Products, The Gnarly Griffin may accept or reject such order. In making a decision as to whether or not to accept the order The Gnarly Griffin will have regard to, inter alia, the availability of Products, correctness of the information relating to the Products and receipt of payment in respect of the Products and their delivery.
2. Dispatch/Delivery to you of the Products will indicate acceptance by The Gnarly Griffin of your order. Only once The Gnarly Griffin has indicated its acceptance of the sale in accordance with the provisions of this clause will an agreement of sale between you and The Gnarly Griffin come into effect (the “Sale”).
3. Provided that you have not received a dispatch or delivery note you may cancel any order at any time. After delivery of the Products, you may return the Products only in accordance with clause 3 (Returns).
4. An order is only complete once you have paid for the respective Products (and if applicable) the cost of delivery thereof. Placing Products in a “shopping basket” or any such similar arrangement without completing the purchase thereof does not constitute an order for such Products. Products in respect of which an order has not been completed may be removed from your “shopping basket” or “wish list” or have their prices changed by The Gnarly Griffin at any point.
5. Stock of all Products on offer is limited and their pricing may change at any time without notice to you. The Gnarly Griffin will take appropriate and reasonable efforts to monitor stock levels and ensure that when stock is no longer available, any offers thereof are discontinued. The Gnarly Griffin cannot guarantee the availability of stock. When Products are no longer available after you have already placed an order, The Gnarly Griffin will notify you and you will be entitled to either:
1. a refund of any amount already paid by you for such Products; or
2. wait until the Products ordered, or any part thereof, are back in stock and request the completion of your order. In this event you acknowledge that the remainder of the Products making up the order may have a different purchase price and as against payment of the balance of the purchase price, if any, the Products will be dispatched to you.

1. PAYMENT

1. All payment transactions facilitated by the Website are encrypted using appropriate encryption technology through third party service providers. Use of such third party services providers’ offerings is subject to their respective terms and conditions.
2. Payment can be made for Products via -
1. an existing account (in which event our standard trading terms applicable to such account shall apply); and
2. via electronic funds transfer.
3. Subject to your payment method, you may be directed to a secure site for payment of the applicable purchase price for the Products and their delivery.

1. DELIVERY OF PRODUCTS

1. Products will be delivered to you by courier.
2. All our deliveries shall be operated by Ram Couriers or any other courier service that we may determine in our sole and absolute discretion. All deliveries are subject to the relevant courier service’s terms and conditions. During the “check out process” you will see the applicable delivery charges applicable to the Products that constitute your order.

1. ERRORS AND OMISSIONS

1. The Gnarly Griffin prides itself on its attention to detail and takes all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence, or that of our employees), we shall not be liable for any loss, claim or expense relating to a transaction based on any error. Notwithstanding anything to the contrary contained in this clause, and then only in the event that the incorrect purchase price has been paid for the Products, The Gnarly Griffin will refund you for any overpayment in respect of an amount already paid, or otherwise as set out in the clause 0 (Returns). 
2. In the event that any information relating to any Products is displayed on any third party websites, The Gnarly Griffin shall not be bound by any incorrect information regarding such Products.

1. PRIVACY

1. We are committed to protecting your privacy. Please refer to our privacy manual (____________________) for information on how we collect, use and disclose personal information. The terms of our privacy manual (as amended from time to time) are incorporated herein by this reference.
2. The Website makes use of “cookies” to automatically collect information and data through the standard operation of the internet servers. Some of this information may be personal to you. Such “cookies” are in certain circumstances necessary to provide you with certain features available on our Website. Due to this if you disable the “cookies” on your browser certain features on the Website may be affected. Should you not wish for the information collected using those “cookies” to be used, you must disable “cookies” on your browser.

1. CHANGES TO THESE TERMS AND CONDITIONS

1. The Gnarly Griffin may at any time, and without notice to you, change any of these Terms and Conditions.
2. Such change will apply to your use of this Website once the change is displayed on the Website. Any use of the Website by you subsequent to the change will result in you being deemed to have accepted such changes.

1. ELECTRONIC COMMUNICATIONS

Your use of the Website and subsequent sending of any emails to us will result in you being deemed to have consented to receiving electronic communications from us or any of our partners.

1. OWNERSHIP AND COPYRIGHT

1. The contents of the Website, including (without limitation) any images, advertisements, information, data, software, graphics, lay-outs, video, trade names, logos, trade-marks, designs which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including (without limitation) copyright and trade mark law. All Website Content is the property of The Gnarly Griffin, its advertisers and/or sponsors and/or is licensed to The Gnarly Griffin.
2. You may not use, distribute or reproduce the Website Content without our prior written consent.
3. In the event that portions of the Website Content is utilised under a licence by The Gnarly Griffin or belongs to any third party, use of the Website will be subject to any terms and conditions which that licensor or third party imposes on The Gnarly Griffin from time to time.

1. DISCLAIMER

1. The use of the Website, and any information thereon, is conducted 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.
2. The Gnarly Griffin makes no representations or warranties whatsoever 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.
3. To the extent possible in law The Gnarly Griffin shall not be liable for any damages, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in any way connected to your access to or use of the Website and/or the purchase of Products.
4. Certain Products sold on the Website may be under warranty. Notwithstanding this, the Website itself, all information provided on the Website and the sale of Products is, to the extent possible in law, provided without warranty of any kind by The Gnarly Griffin.
5. Any views or statements made or expressed on the Website are not necessarily the views of The Gnarly Griffin, its directors, employees and/or agents.
6. Notwithstanding anything to the contrary contained in these Terms and Conditions, The Gnarly Griffin makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, or any other data or code which is able to corrupt, or otherwise compromise the operation or security of your computer system, in any way. Save where any such risks are occasioned by the gross negligence or wilful misconduct of The Gnarly Griffin you accept all risk associated with the existence of such viruses or any other data or code which is able to corrupt or otherwise compromise the operation of a computer system. Subject to the applicable limitations imposed in law, The Gnarly Griffin thus disclaims all liability for any damages, loss or liability of any nature whatsoever arising out of or in any way connected with your access to or use of the Website.

1. AVAILABILITY AND TERMINATION

1. The Gnarly Griffin may schedule routine maintenance during which the Website will be unavailable. Outside of such routine maintenance The Gnarly Griffin will use reasonable endeavours to maintain the availability of the Website, The Gnarly Griffin may discontinue providing the Website or any part thereof without notice to you.
2. The Gnarly Griffin reserves the right to restrict your right to access or use the Website for any reason whatsoever.

1. GOVERNING LAW AND JURISDICTION 

1. These Terms and Conditions and our relationship and/or any dispute arising from or in any way connected with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. You hereby consent and submit to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted relating to these Terms and Conditions.
2. Nothing in this clause or elsewhere in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.

1. NOTICES

1. The Gnarly Griffin hereby selects Fairview Close, Merrivale Heights, 3291___ as its domicilium citandi et executandi for the purposes of the legal proceedings (“legal address”) and juan@thegnarlygriffin.com or ryan@thegnarlygriffin.com as its designated email address/es for receiving written notices. The Gnarly Griffin may change the above physical or email address/es from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your domicilium citandi et executandi and the email address specified in respect of your Website user account as your designated email address for receiving written notices. You may change your aforementioned physical address (to any other physical address situated in the Republic of South Africa) or email address by giving The Gnarly Griffin not less than 7 (seven) days’ written notice to this effect.
3. Any notice must addressed to a party at its domicilium citandi et executandi or delivered by hand or sent by email to the email address as chosen by the parties hereof.
4. A notice will be presumed, unless the contrary is proved, to have been given:-
1. If hand delivered to a responsible person during business hours on a business day, on the day of delivery;
2. if sent by email, on the first business day following the date of sending of such email.

• Notwithstanding anything to the contrary contained herein a written notice or communication actually received by a party shall be an adequate written notice of communication notwithstanding that it was not sent to, or delivered at its chosen domicilium citandi et executandi.

1. COMPLAINTS 

1. If you have a complaint about the Products or the Website please send such complaint to the following email address: support@thegnarlygriffin.com.

1. GENERAL

1. Remedies

No remedy conferred by this Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedies shall not constitute a waiver by such party of the right to pursue any other remedy.

1. Severance

If any provision of these Terms and Conditions is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms and Conditions, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternate provision to the void, illegal or unenforceable provision.

1. Variation

Save as otherwise expressly provided for herein, no agreement to amend, add to or otherwise vary or waive any of the provisions of these Terms and Conditions shall be effective unless made in writing and duly signed by the parties or on their behalf by their duly authorised agents.

1. Entire Agreement

These Terms and Conditions, together with any documents incorporated by reference, constitutes the entire agreement between the parties in regard to the use of the Website. Neither The Gnarly Griffin nor you shall have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms and Conditions.

1. Indulgence

No indulgence, leniency or extension of time which The Gnarly Griffin may grant or show you, shall in any way prejudice The Gnarly Griffin or preclude The Gnarly Griffin from exercising any of its rights in the future.

1. No Waiver

The failure by The Gnarly Griffin to enforce any provision of these Terms and Conditions shall not affect in any way The Gnarly Griffin’s right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of such breach and rights that may arise from such breach.

1. Assignment and Cession

You may not cede or assign any of your rights or delegate any of your obligations under these Terms and Conditions without the prior written consent of The Gnarly Griffin.