Terms & Conditions

SA CANDLE SUPPLY PROPRIETARY LIMITED, COMPANY REGISTRATION: 2018/113530/07, INFO@SACANDLESUPPLY.CO.ZAWWW.SACANDLESUPPLY.CO.ZA, +27 87 086 9802

AGREEMENT:  WEBSITE TERMS AND CONDITIONS

 

  1. INTRODUCTION
    • In the provisions which govern the access to and browsing of the SA Candle Supply website, sacandlesupply.co.za (“the Website”) SA Candle Supply is referred to as “we”, or “us”, or “our”, and the customer is referred to as such or as “you”, or “your”. We will supply the Products and Services to you on the basis as set out in this Agreement and by accessing and browsing our Website, subject to clause 3.1, you confirm that you have read and understood the provisions as are set out in this Agreement between you and SA Candle Supply, and accept the obligations imposed upon you.
    • Subject to clause 3.1 below, by accessing and browsing our Website, you confirm and undertake that you have read, understand and accept the terms and conditions, as well as any other provisions, and are legally bound thereby in terms of the aforesaid agreement between you and SA Candle Supply.
    • Our Website includes mobi-sites, apps and cookies, and may be updated and/or modified from time to time. It is necessary that you check the Website regularly to take notice of any such changes.
    • Similarly, with respect to the General Provisions, as referred to in clause 9.2 below, these may be modified or updated from time to time, without specific notice to customers, and accordingly you should regularly access our Website to determine any such revisions and updates, including with respect to the Pricing.
    • Our Website is governed by the laws of the RSA.
  2. INTERPRETATION AND DEFINITIONS
    • In this agreement the headings of the clauses are for the purpose of convenience and reference only, and shall not be used in the interpretation of, nor modify, nor amplify the terms of this agreement, nor any clause hereof. Unless a contrary intention clearly appears:
      • words importing the singular include the plural, and vice versa; and
      • natural persons include created entities (corporate or unincorporated) and the state, and vice versa.
    • The following terms shall have the meanings assigned to them hereunder, and cognate expressions shall have a corresponding meaning, namely:
      • “CPA” means the Consumer Protection Act 2008, as amended, which governs transactions between us (as suppliers, as defined in the CPA) and you (as a consumer or potential consumer, as defined in the CPA), and the regulations in terms thereof;
      • “Data” means, with respect to a customer or prospective customer, who/which is a natural or juristic person, the Personal Information and/or other information which is or may be collected for purposes of the Products and Services, and is or may be subject to the provisions of POPI (and, if applicable, GDPR);
      • “Day” means all days, including Saturdays, Sundays and proclaimed (gazette) public holidays in the RSA; a “business day” shall be any day other than a Saturday or a public holiday;
      • “ECTA” means the Electronic Communications and Transactions Act No. 25 of 2002, as amended;
      • “GDPR” means General Data Protection Regulations, as published by the European Union on 25 May 2018;
      • “Laws” means the statutes, ordinances, by-laws and regulations in force from time to time in the RSA;
      • “Personal Information” means information, as defined in POPI, and includes, but is not limited to, information relating to an identifiable living natural person, and, where applicable, an identifiable existing juristic person:
        • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;
        • information relating to education or medical, financial, criminal or employment history of the person;
        • any identifying number, symbol, e-mail address, facsimile number, telephone number, physical address, location information, on-line identifier or other particular assignment to the person;
        • biometric information of the person;
        • the person’s opinions, views or preferences of the person;
        • correspondence sent by that person, whether electronically or in any other medium, that is implicitly or explicitly of a private or confidential nature, or further correspondence that would reveal the contents of the original correspondence;
        • the views or opinions of another individual about the person; and
        • the names of a person if it appears with other personal information relating to the person, or if the disclosure of the name itself would reveal information about the person;
      • “POPI” means the Protection of Personal Information Act No. 4 of 2013;
      • “Privacy” means the maintenance of confidentiality and protection of the Personal Information (including Data) in terms of the Privacy Policy;
      • “Privacy Policy” means the privacy policy applicable to the use of the Website and the Products and Services, as contained or referred to in the provisions of this agreement;
      • “Processing” means, with respect to the Products and Services, any operation or activity, or any set of operations, whether or not by automatic means, relating to the Personal Information (and Data) and/or the Services, including, but not limited to:
        • the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use thereof;
        • dissemination by means of transmission, distribution or making available in any other form thereof; and/or
        • merging, linking, as well as restriction, degradation, erasure or destruction of any such information;

and “Process” shall have a similar meaning;

  • “Products” means the wholesale supply of a variety of waxes, glassware, fragrances, wicks, candle containers, dyes and accessories products for the use and resale of candle making;
  • “RSA” means the Republic of South Africa;
  • “Services” means access to and use of the Website for purposes of ordering and delivery of Products, and the advice and any information with respect to the presentation of classes and mastering the craft of candle making, soap making and diffuser making, and other related purposes;
  • “Website” means our website, as referred to in clause 1 above, as updated and/or modified from time to time, and shall include mobi-sites, apps and cookies;
  • “writing” means any form of written communication, including the receipt by the addressee of such communication by way of e-mail, facsimile or hand delivery, as the case may be, unless in the context of this Addendum any specific provision requires delivery or transmission of a communication to be effected in a stipulated manner, and “written” shall have a cognate meaning (the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECTA”) are not excluded);
  • any reference to an enactment is to that enactment as at the signature date and as amended or re-enacted from time to time;
  • all the terms, conditions, undertakings, obligations and rights, as referred to in this agreement, are, for convenience, collectively referred to as “provisions”, and without derogating from a reference to any particular preceding name or combination thereof, all the provisions are severable and divisible as to each provision or part thereof; the finding by a competent court that any provision or part thereof is invalid or unenforceable, shall not, subject to the finding of such Court, affect the validity and/or enforceability of the remainder of any such provision or part thereof, as the case may be, and all of the other provisions of this agreement shall continue to be of full force and effect;
  • if any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of this agreement;
  • when any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding business day;
  • where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
  • expressions defined in this agreement shall bear the same meanings in schedules or annexures to this agreement, which do not themselves contain their own conflicting definitions;
  • where any term is defined within the context of any particular clause in this agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this agreement, notwithstanding that the term has not been defined in this interpretation clause;
  • the expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
  • the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of this contract shall not apply;
  • any orders (for Products and/or Services) placed online shall only be processed once payment has been made in full (100%) during the ordering process via the PayGate Payment Portal, alternatively by way of VISA, Mastercard or an electronic funds transfer (EFT);
  • orders will only be considered confirmed once payment is reflecting in our account;
  • we are unable to add or amend any order already placed and processed. A new order would need to be placed, should you require any additional items;
  • any returns, refunds and/or breakages need to be addressed in accordance with our policy herein set out below;
  • where the consent, permission or approval (all of which are, for convenience, referred to as “consent”) of any party (the grantor) is required for any purpose, such consent shall, unless the context indicates a contrary intention, not be unreasonably delayed, withheld or refused; the onus shall be on the party (the grantee) seeking such consent to prove in the circumstances that the delay and/or withholding and/or refusal of the consent was unreasonable in the circumstances;
  • any reference in this agreement to a party shall include a reference to that party’s assigns expressly permitted under this agreement and, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be;
  • the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding word/s;
  • the words “other” and “otherwise” shall not be construed with any preceding words, where a wider construction is possible.
  1. USE OF THE WEBSITE
    • By accessing, browsing and using the Website and/or using any of the Products and/or Services, you acknowledge and agree to have read, understood and agreed to be bound by the provisions as herein set out, which expressly include the terms of our Privacy Policy, as set out below (which can also be separately located at sacandlesupply.co.za/T&C’S.
    • The Website is accordingly intended for your use and to enable you to avail yourself of the Products and/or Services.
    • The Website uses cookies in order that your online use experience can be optimized, the cookies so used being essential for the beneficial operation of our Website and you similarly agree that you have read, understood and agreed to the provisions applicable to our cookie policy (“Cookie Policy”).
    • In providing the Products and/or Services, we rely on the information (including Personal Information) you provide to us (when ordering online), and we cannot be responsible in the event of any such information being incorrect, incomplete or outdated.
    • We respect your right to privacy, and by using our Products and/or Services, you agree to, and where required, consent to the collection, use and transfer of your information as set out in our Privacy Policy and Cookie Policy.
    • Your Personal Information will be used, in accordance with our Privacy Policy, to process your order and to inform you of our Products and Services. By using our Website, you consent that we may use and process your information to Process any orders placed online and consent that we may provide the relevant information to third parties (e.g., a courier service, namely Courier Guy) for purposes of delivery of any such orders.
  2. USE OF THE PRODUCTS AND/OR SERVICES
    • The Products and/or Services we provide our customers are subject to availability, which is subject to change, without prior notice. Certain of our Products and/or Services are exclusively available online through our Website and all Products and/or Services are subject to our return/exchange policy as referred to below.
    • In using the Products and/or Services, you enter into a contractual relationship with us in terms of these provisions, which constitute the sole agreement between us, and which creates reciprocally binding rights and obligations.
    • Whilst every effort is taken to ensure that our Products are accurately displayed on our Website, however the colours shown on the Website may not exactly represent the colours of our Products, as the colours viewed on the Website may depend on the colour reproduction on your computer or mobile device.
    • All descriptions of Products are subject to change at any time. Accordingly, we reserve the right to qualify, replace, suspend or discontinue any Products and/or Services at any time, and we will, where applicable, provide you with prior notice of any such change on our Website.
    • Whilst we will use our best endeavours to ensure that all reasonable steps are taken to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website, should an error occur and a Product is offered at an incorrect price, we will not be obliged to sell/supply such Product at that incorrect price. We shall rectify any errors which come to our attention, and we shall, in our discretion, only refund amounts received from you, the customer by electronic funds transfer (“EFT”) to the bank account per the details provided by you.
    • Our obligations in terms of this Agreement are to you, and not to the end purchasers, your customers, and accordingly we do not hold ourselves liable, save as may be applicable in terms of the CPA, to any of your customers (end users) insofar as any returns, injury, damages, or losses are concerned, arising from the use of any products as manufactured by you with the use of the Products, or otherwise is concerned.
  3. ORDERS AND SALE OF PRODUCTS/SERVICES
    • Any order placed online, has a minimum lead time of 2 (Two) business days for processing and fulfilment.
    • PayGate Orders:
      • subject to order volumes, once the order is confirmed by us and payment is made by you through PayGate, the order will be placed in the packing line, which can take between 2 (Two) and 7 (Seven) business days;
      • once the packaging has been completed, the parcel will be booked with the courier (if so selected);
      • please take note that the delivery times are only estimates, and time will not be of the essence, unless expressly confirmed by us in writing on acceptance of the order. No responsibility is accepted for delays of the courier or other delivery service or arrangement.
    • EFT Orders:
      • subject to clause 2.13 above, and further subject to order volumes and availability, once the invoice amount reflects in our bank account, order requests will be processed within 4 (Four) to 5 (Five) business days;
      • delivery will be confirmed by e-mail, together with the invoice number;
      • delivery timelines (subject to clause 5.2.3 above):
        • Local (within Gauteng): minimum 3 (Three) to 4 (Four) business days; and
        • National (outside Gauteng): up to 3 (Three) to 6 (Six) business days.
      • Placing items in your Wishlist, or shopping cart without completing the purchase cycle does not constitute an agreement of Sale and does not reserve the item from our stock.
      • Only once full payment is received, will the stock be reserved for you. All Products are subject to availability, and accordingly we are not liable if the Products are no longer available when attempting to complete the purchase cycle.
      • We reserve the right (in our sole discretion) to cancel orders in whole or in part as circumstances require, in which event we shall only be liable to refund amounts already paid by you.
      • Adding to/amending orders:  we are unable to add or amend orders already placed and processed. A new order will need to be placed for the required additional items.
      • We are committed to provide secure online payment facilities, and accordingly all transactions are encrypted using appropriate encryption technology.
  1. DELIVERY, COLLECTIONS AND PACKAGING OF PRODUCTS
    • We offer nationwide delivery (at a cost), as well as in-store collection (from our shop in Honeydew, Johannesburg, at no cost).
    • Please note that our Cape Town store is merely a satellite branch to facilitate in-store shopping only. No online collections can be arranged from this branch.
    • Delivery timelines (subject to clause 5.2.3 above):
      • Local (within Gauteng): minimum of 3 (Three) to 4 Four) business days; and
      • National (outside Gauteng): up to 5 (Five) business days.
    • Courier and Fees:
      • orders over 20kg (national) and 25kg (local) will attract additional courier fees, which additional amount will be invoiced separately and must be settled before the package is dispatched;
      • our current delivery partner is “The Courier Guy”, delivery being subject to the Terms and Conditions as outlined by The Courier Guy;
      • Please note that the courier firm and costs can change without prior notice.
    • Clients are responsible for ensuring the address provided can be serviced for door-to-door delivery. Any address provided that cannot be serviced with door-to-door delivery will be delivered according to the Courier Guy’s terms and conditions.
    • Clients are responsible for ensuring they are available for the delivery of their order. SA Candle Supply will not be held responsible for any failed deliveries or deliveries wrongly accepted by someone else.
    • SA Candle Supply reserves the right to package orders according to best practices as advised by SA Candle Supply’s courier partners and risk advisors for our products. No individual packing requests or alterations to the packing process will be accepted.

 

 

  • Changes to delivery address:
    • customers are responsible for providing the correct delivery address in respect of his/her order.
    • we use our best endeavours to Process your order to you as quickly as possible, accordingly, once your order is placed and Processed, no changes may be made to your order and/or delivery address.
    • we suggest you double check your delivery address before placing an order, as packages sent to an incorrect address will not be part of our courier services and any additional charges will be for your account.
    • If you immediately mail us a change of address, we may be able to update your address or cancel an order if same has not yet been dispatched.
  • Collections:
    • only available once we have notified you that your package is ready for collection;
    • delivery shall be deemed to have taken place where Products are collected by the purchaser/customer from our premises;
    • All risk in and to the Products shall pass upon delivery – whether by collection or shipping per courier, or any other delivery service, and you accept that the courier or other contractor employed for purposes of collection and/or delivery is your agent (and not ours), and accordingly any damage to the Products, after the risk has passed (i.e. in transit), and any delays in that regard are, as referred to above in this Agreement, not our responsibility;
    • Collections are only available Mondays – Thursdays between 9am-3pm and Fridays from 9pm- 1pm.
  1. PRICING, PAYMENT AND SECURITY
    • Prices of our products are subject to change at any time and as will be reflected, where applicable, on any quote or invoice (subject to the provisions as therein stated);
    • The price for each Product is displayed with the Product, and in the event of a Product being on special, the discounted price will be displayed accordingly.
    • All prices/rates (on the Website) are quoted including 15% (Fifteen Percent) VAT (subject to governmental change) and are quoted in South African Rand (ZAR).
    • Price lists are only valid online and may vary in store (but not in branches).
    • We reserve the right to amend any pricing errors displayed due to human error, misnomers, computer malfunction or any other reason, and undertake to abide by the provisions of the CPA and ECTA.
    • Any errors and omissions with respect to any quote or invoice must immediately be advised in writing at the time of confirmation of your order.
    • All Product prices exclude delivery charges.
    • Orders made via our WebPortal require 100% immediate payment via our PayGate payment gateway for the order to be accepted and will only be accepted and fulfilled once payment has been received in full. Should you wish to have your order delivered to you, delivery fees must be paid in full before the order will be sent out.
    • We currently do not offer any payment plans or budget purchasing offers.
    • Available payment options:
      • Visa
      • MasterCard
      • EFT/bank transfer into our SA Candle Supply bank account, the details of which will be available on the invoice. Proof of payment must be sent to info@sacandlesupply.co.za.
    • Please note that we do not accept cash, nor do we accept American Express cards or Diners Club cards during in store purchases.
    • Card transactions and security:
      • card transactions will be processed via “PayGate (Pty) Ltd”, being the approved payment gateway for all South African Acquiring Banks. DPO 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.
    • Customer details separate from card details:
      • customer details will be stored separately from card details which are entered by the client on DPO PayGate’s secure site.
    • Merchant Outlet country and transaction currency:
      • the merchant outlet country at the time of presenting payment options to the cardholder is South Africa, and the transaction currency will be South African Rand (ZAR).
    • Responsibility:
      • We take responsibility for all aspects relating to the transaction, including the sale of Products and Services on the Website, customer service and support, dispute resolution and delivery of Products.
  1. RETURNS, REFUNDS AND BREAKAGES
    • We will only accept returns in accordance with our return policy as hereinafter set out below.
    • Please ensure you check the order promptly after receiving the Products, as refunds or exchanges will only be accepted within 7 (Seven) days of receipt of your Products, unless stated otherwise.
    • Whilst we strive to provide the best advice to our customers, we cannot guarantee the end Product that a customer manufactures with any of the materials we supply. We recommend making a sample candle and testing it before making a large batch of candles. Refunds will not be permitted in the event that the final Product is different than perceived.
    • Refunds and credit on all of the Products will only be considered if they are in their original and unopened packaging.
    • In the event of any defective Products or breakages, we will be liable for the delivery costs of replacing the Product/s. The obligation in terms hereof shall not extend to any Products which have been damaged after collection by or at the instance of the customer, or in transit.
    • We make every effort to pack our glassware and other containers securely, but in the unlikely event of a breakage during shipping, the customer must contact us immediately, in writing, upon receiving the damaged Products. Images documenting the breakages / damages indicating the date must be supplied for consideration. We will, based on merit, either replace the Product or provide you with a refund, or credit, as may be required by you.
    • All Products sold by mass are weighed on an industrial digital scale that has been approved by the SANAS calibration standards. If a customer has reason to believe a Product is underweight, they must return it to us in its original and unopened packaging to consider a refund or replacement.
    • Should a customer receive their Product/s and wish to exchange or return the Product/s (which are not defective) – the customer shall be liable for the delivery costs of return to us. Refunds will, at our discretion, either be provided in cash or in-store credit and will be done within 30 (Thirty) days.
    • Products sold are subject to availability and in the event of unavailability or an order error, we will issue you with a full refund, or credit, as you may require, within 30 (Thirty) days.
    • Cancellation policy:
      • only written cancellations of orders will be accepted, and you must ensure you receive a written confirmation of the cancellation from our office;
      • save as otherwise provided herein, should an order be cancelled any time after the order has been confirmed by us, an administration fee equivalent to 5% (Five Percent) will be charged;
    • SA Candle Office contact details:
      • e-mail: info@sacandlesupply.co.za;
      • call: +27 87 086 9802;
      • Physical Address: 248 Kielboot Street, Lazerpark, Honeydew, 2040.
  1. GENERAL PROVISIONS

Please read these General Provisions to understand the basis of access to and use of our Website, whether for information or orders, and generally with regard to our Products and Services.

In using the Products and Services you acknowledge that you have read, understood and are bound by these General Provisions and the other provisions as herein set out.

 

  • Ownership of Products and Services:

The Products and Services are owned by us, an RSA registered company, with our registered office at:  248 Kielboot Street, Lazerpark, Honeydew, 2040.

  • Amendment to General Provisions:

As the General Provisions may be modified or updated from time to time, without notice, you should accordingly, in any further use of our Products and/or Services, access our Website to determine any such revisions and updates, including with regard to the Pricing.

  • Applicable Law:

These provisions and our Products and Services are governed by the Laws of RSA, and in the event of any dispute, same shall be determined in accordance with the Dispute Resolution terms, as set out below in these provisions, or, at our election, by referral to an appropriate Court in the RSA.

  • Personal use of Services by you:

Our Products and Services are available for your use, i.e., your personal and/or business use.

  • Website – Restrictions and Indemnity:
    • you may not, without our prior written consent, use, copy, modify or distribute the content of our Website or any portion thereof, or be entitled to upload any information or create any link to the Website or any component thereof, or introduce any viral software;
    • you accordingly agree to indemnify us against any loss or damage that we may sustain as a result of your access to and/or use of the Website and/or our Products and/or Services, contrary to these General Provisions.
  • Right to cancel orders:

we reserve the right (in our sole discretion) to cancel orders, in whole or in part, as circumstances require (including, but not limited to circumstances if we determine that you are not using the Products and/or Services in compliance with the General Provisions, and as otherwise set out herein, or should any Personal Information or Data provided by you be false or otherwise inaccurate or misleading), in which event we shall only be liable to refund amounts already paid by you.

  • Contractual Relationship:
    • in ordering and using the Products and Services, you enter into a contractual relationship with us, subject to the General Provisions and the other provisions as set out in this agreement, which constitutes the sole agreement between us, and creates reciprocally binding rights and obligations;
    • you will not allow any third party to use your username and/or passwords in any other manner than as required or permitted in terms of these provisions. Similarly, you will not allow the Website to be otherwise infected, delayed or otherwise operated in a manner which may intercept, alter or interfere with any Processing and/or information or data generated by or received through the Website.
  • Force Majeure:
    • Notwithstanding circumstances beyond our reasonable control (“Force Majeure”), we will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the provisions or other contracts. Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, but not limited to, the following:
      • natural disasters or acts of God;
      • civil unrest, revolt, invasion, acts of terrorism (e.g., terrorist attack or terrorist threat), war (declared or not) or threat or preparation for war;
      • labour disputes, strikes, lockout, other forms of protest or stoppages;
      • acts, decrees, legislation, regulations or restrictions of any government or public authority;
      • fire, explosion, storm, flood, earthquake, collapse or any other natural disaster;
      • inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private;
      • inability to use public or private telecommunication systems;
      • strike, failure or accident in maritime or river transport, postal transport or any other type of transport;
      • border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestion; and
      • epidemics, pandemics, or outbreak of communicable disease, quarantines, lockdowns, national or regional emergencies, or any other cause, whether similar in kind to the aforementioned or otherwise beyond our reasonable control.
    • Privacy and protection of Personal Information and Data:
      • we are committed to the protection of your Privacy, and, accordingly, your Personal Information and Data, and you are advised to read the provisions of our Privacy Policy, which, for convenience, we set out below, and which is also accessible at sacandlesupply.co.za;
      • whilst reasonable measures are taken to ensure that information accessed via our Products and Services is accurate and up to date, we cannot warrant that the content or information, as is accessible, is always necessarily accurate, complete and/or current, and, accordingly, if you have any queries or concerns, these should be addressed to us forthwith;
      • it should be noted that any comments uploaded by other users (on social media or otherwise) express their opinions only, and do not represent our views. Accordingly, whilst we value your feedback and any suggestions, in sending these to us you agree that we may use them for our purposes to endorse the Products and Services;
      • we shall however not be liable towards any third party regarding any comments you may make which are unlawful or offensive in any manner;
      • all intellectual property rights relating to the ownership and/or use of any trademark, logo, corporate colours or other images, including any copyright with regard to any text, graphics, video, audio or other materials on the Website or any component thereof, are owned by or licensed to us (and our respective brand and affiliates), and any unauthorised use, copying, reproduction, modification or distribution thereof or any part thereof is prohibited and constitutes an unlawful infringement of such intellectual property rights.
    • Links:

whilst we will use our best endeavours to avoid any unauthorised links appearing on our Website (or any component thereof), we would not necessarily have any relationship with any third party linked to our Website, nor does a link signify that we endorse such third party or its services and/or products, and your reliance on any such information contained in any such links or materials would be solely at your own risk.

 

  • Our Privacy Policy:
    • the provisions, as herein set out, are provided to you in order to better understand how your Personal Information and Data may be used online and in the course of Processing, and to understand the basis of collection, use and protection of the Personal Information in accordance with the use of the Website and Services;
    • a reference to Personal Information will be to Personal Information as defined in clause 2.2.7, and as otherwise defined in POPI;
    • you agree that this Privacy Policy will apply to access by you and browsing of the Website and/or use of our Products and Services when placing any orders, and in entering or otherwise applying any of the Personal Information so required;
    • we will take all reasonable endeavours to preserve and protect your Privacy when you use the Website, the Products and Services, including compliance with POPI, and, where applicable, GDPR (where you are not a local RSA resident);
    • the Personal Information we collect will be used to reasonably enable us to perform our obligations in terms of the agreement with you when you intend to or make use of the Products and Services, and, accordingly, we would store and use the following information:
      • your surname and first names;
      • physical address;
      • e-mail address (which address shall apply, for purposes of all communications and notices)c; and
      • all contact information.
    • such information will be utilised for purposes of Processing on receipt of your order, in making any enquiries, and, further, response to any survey or marketing communication, or use of certain other features on the Website, and, insofar as the Laws permit, where you so consent;
    • the Processing of the Personal Information and Data will only be used by us to enable us to:
      • render the Products and Services and otherwise perform as required in terms of our agreement in terms of you;
      • operate and manage the accounting and related transactions efficiently;
      • respond to any of your enquiries or other Products and Service requests;
      • communicate with you, whether by e-mail, SMS or other means;
      • monitor and analyse our business and carry on market research, including to ask for ratings and review of the Products and Services;
      • follow-through consequent upon any enquiries or complaints;
      • perform administrative and management functions with regard to the Processing and our systems;
      • comply with the Laws of RSA;
    • we will not trade or otherwise disclose your Personal Information or Data, or any portion thereof, to any third person without your express consent;
    • we may transfer your Personal Information to foreign countries if any service providers to us are located across border or use systems across border for purposes of the Products and Services being rendered to you, and we will only share information across border to recipients who are subject to GDPR or similar Laws, and who have entered into an agreement with us to include the principles for the protection of Personal Information, based on the principles set out in POPI and/or GDPR;
    • we will not intentionally collect or use information of children, i.e., persons under the age of 18 years, unless with your consent, the intention being to only Process such information for purposes of the Products and Services you require or with respect to any order made;
    • we may, subject to the above provisions, share your Personal Information with third party service providers to us (i.e., payment gateways, regulatory and governmental authorities or tax authorities) (where we are requested by them, or are obliged to do so), and will otherwise insure that the Personal Information and Data are only shared in terms of these provisions;
    • we would also ensure that all service providers to us are similarly under a legal obligation to ensure the protection of your Personal Information and Data, and to use same only in a manner as permitted by us;
      • you may, on reasonable grounds, object to us using any of your Personal Information, and if you object, we will stop using same, whether for purposes of Processing or otherwise, save where the Laws otherwise provide;
      • you may similarly request us to correct or remove any information that you believe is inaccurate by addressing an e-mail to us at info@sacandlesupply.co.za;
      • to provide you with Personal Information we hold and/or have Processed about you;
    • the Website is scanned and otherwise checked on a regular basis for security purposes and to determine any vulnerabilities and to ensure that the Website is as safe as possible, and we are committed to implement appropriate technical and other security measures for the protection of the integrity and confidentiality of your Personal Information, which would, in all events, only be accessible to a limited number of our personnel, who have special access rights to our system, all sensitive information being encrypted in accordance with the appropriate proprietary technologies;
    • third parties who are engaged for purposes of a financial transaction (e.g., payment gateways), may collect your payment details to ensure that you transact securely with us, and these gateway providers will similarly store and process these details, which are not stored or processed on our servers;
    • we will immediately report any security breach to the relevant regulatory authorities, companies and other parties involved, including to you, and should you have any concerns about our Privacy practices or should you suspect any breach regarding the protection of your Personal Information, kindly inform us immediately by addressing an e-mail to us at: info@sacandlesupply.co.za;
    • Personal Information will be retained by us for such periods as required by Law for our legitimate business purposes, and as retained in terms of these provisions. We may, however, keep certain information indefinitely in a format which does not disclose your identity for statistical or analytical purposes;
    • please note that when you use the Website we automatically receive and record information on our server logs from your browser, which may include your location, Internet Protocol (“IP”) address, cookie information and other relative details regarding your use of the Website (browsing actions and patterns), which may not necessarily identify you as an individual, which cookies enable us to improve our Products and Services to you, including data regarding our Website traffic, interactive and usage patterns, and store information regarding your preferences with regard to the Products and Services, which will be recognised when you return to the Website;
    • subject to our Cookie Policy (as referred to in clause 3.3.), you can ensure that your computer alerts you each time a cookie is being sent, or you can deactivate all cookies via your browser settings, and as each browser is not the same, kindly access your browser’s Help Manual in order to determine the best manner for modifying your cookies, or to refuse cookies (which last instance may restrict full use of (our) Website);
    • you can opt out of receiving any communications from us at any time by clicking on the “unsubscribe” link at the bottom of any e-mail received from us;
    • the Website may connect to various social media platforms or applications, including Facebook, Twitter, LinkedIn, Instagram, Google Plus, and if you require to use the Website for social media integration (user profiles or other functionalities), we will share your information with the relevant social media sites or applications;
    • despite our best endeavours, as indicated, to preserve and protect all Personal Information and Data, we will not be responsible for any unauthorised access via hacking or other breach of our security protocols beyond our reasonable control;
    • you are accordingly responsible for keeping all your usernames and passwords up to date and we may request you to provide us with proof of your registration/identity or other information in a form that we consider acceptable.
  1. WARRANTIES
    • We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the Website and/or the information, images or audio contained or accessible on or from the Website (nor do we assume liability or responsibility for any direct or indirect damages, loss of enjoyment, loss of profit, loss of business, loss of goodwill or any other loss whatsoever).
    • The Website, the Products and the Services are accordingly used entirely at your own risk.
    • You further warrant to and in favour of us that:
      • you have the legal capacity to agree to and be bound by the provisions of this agreement, which are enforceable against you;
      • should you transact in a representative capacity on behalf of any individual (natural person) or juristic entity, or family or other group, you are so authorised and confirm that the information supplied is true, accurate and complete.
  1. DISCLAIMER
    • The following terms and conditions apply to all Products (and components thereof) and Services provided by SA Candle Supply:
      • All images, whether on any printed material or SA Candle Supply’s Website, are for illustration purposes and may differ from actual Products;
      • Despite endeavours to ensure the accuracy of any description or information, SA Candle Supply will not be liable for the actual Product used, the suitability of the Product (or component), being the responsibility of the Customer;
      • SA Candle Supply do not accept responsibility for any errors or omissions in any material however displayed;
      • SA Candle Supply accepts no liability for any incidental or consequential damages relating to any incorrectly ordered Product which is otherwise not compliant with the Customer’s requirements;
      • Subject to all applicable laws SA Candle Supply furthermore accepts no responsibility for any loss or damage of whatsoever nature arising in any way out of the use of or reliance on any information provided with respect to any Product in whatsoever medium;
      • Products ordered are subject to availability of stock;
      • Customers should exercise caution when making and burning candles. Hot wax and flames are dangerous, and accordingly Under no circumstances shall SA Candle Supply be liable to any third party with respect to any injury, loss or damage to any property (or person) arising from the use, or otherwise, of the Products, whether while manufacturing products, burning candles (made with our materials) or otherwise, acquired by the customer;
      • Save for any warranty as expressly provided by SA Candle Supply with respect to any Products, as are contained or referred to in its Return Policy, General Terms and Conditions, and Terms and Conditions for Use of SA Candle Supply’s Website, and SA Candle Supply’s Return Policy, all of which are accessible on SA Candle Supply’s Website sacandlesupply.co.za, no other warranties or guarantees, express or implied, are provided by or on behalf of SA Candle Supply;
    • Any questions relating to the terms of our Products and Services should be sent to us at info@sacandlesupply.co.za.
  2. WAIVER

Failure or neglect by us to enforce any of the provisions shall not be construed as a waiver or abandonment of our rights, nor would such failure or neglect in any way affect the validity of the whole or any part of these provisions, nor prejudice our rights with respect to any subsequent proceedings.

  1. DISPUTE RESOLUTION
    • In the event of any dispute arising as to the interpretation and/or implementation of any of the provisions of this agreement, or the rights and/or obligations of any of us, or you, or consequent upon the cancellation of any Product orders and/or Services or this agreement, such dispute may, at our election, be referred to arbitration in terms of the Commercial Rules of the Arbitration Foundation of South Africa (“AFSA”), or its successor body, which arbitration shall:
      • be held on an expedited basis;
      • be held in Pretoria;
      • absent agreement as to the identity of the arbitrator (being a retired judge or senior counsel of not less than 10 (Ten) years standing), be an arbitrator appointed by the secretariat of AFSA.
    • The arbitrator shall be entitled to:
      • require and prescribe that a pre-arbitration meeting be held;
      • require and prescribe that a pre-arbitration agreement be concluded;
      • prescribe the basis of any submission or pleadings, the timelines applicable thereto, discovery, and as otherwise may be considered necessary for the expeditious hearing and disposal of the dispute;
      • make an award as to the costs of the arbitration.
    • Notwithstanding the arbitrator’s right to make an award in respect of the costs, each of the disputant parties shall be initially responsible in equal fees for the advance payment of the arbitrator’s fees, costs of hiring a venue, a recording and transcription contractor, each of the disputant parties otherwise being responsible for its/his/her legal costs.
    • The arbitrator’s award shall, absent any manifest error, be final and binding on the parties.
    • Notwithstanding the aforegoing, either party shall be entitled to seek any interim and/or urgent relief from a Court of competent jurisdiction.
    • The parties otherwise consent to the non-exclusive jurisdiction of the Magistrates and High Court of South Africa, Gauteng Division, Pretoria.
  2. INFORMATION IN TERMS OF ECTA
    • Website owner: SA Candle Supply (Pty) Ltd;
    • Legal status: private company, duly incorporated in accordance with the Laws of the Republic of South Africa;
    • Our registration number: 2018/113530/07;
    • Our directors:
      • Mr Dirk Boshoff; and
      • Mr Peter Visser.
      • Description of main business: wholesale supplier of a variety of wax, glassware and accessories products for the use of making candles;
      • E-mail address: info@sacandlesupply.co.za;
      • Website address: sacandlesupply.co.za;
      • Physical address: 248 Kielboot Street, Lazerpark, Honeydew, 2040;
      • Postal address: __________________________________;
      • Registered address: ______________________________;