We are Two Create – Lasercutting, Design & Gift Shop
Our physical address is Two Create, 6 Napoleon Avenue, Duynefontein, Melkbosstrand trading as www.twocreate.co.za (hereinafter referred “twocreate.co.za”) and its subsidiaries, associates and officers unless otherwise stated.
These Terms and Conditions govern the supply by us of any Product ordered by you on the Website. By placing an Order for a Product through the Site, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
“Account” means the account that you register on the Website, which
Account is required should you wish to place an Order on the Website;
“Acknowledgement” means our acknowledgement of your Order by email;
“Business Day” means a day which is neither a Saturday nor Sunday, nor a public holiday anywhere in South Africa;
“Order Confirmation” means our email to you, in which we accept your Order in accordance with clause 4.6 below;
“Contract” means the contract which is created when you place an Order for a Product(s) which offer is accepted by us in accordance with these Terms and Conditions;
“Customer” means an individual who places an Order on the Website;
“Order” means the order submitted by you to the Website to purchase a Product(s) from us;
“Twocreate.co.za” means creating
“you” means the Customer who places an Order;
“Website” means the internet site www.twocreate.co.za .
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
2. Your Status
To place an Order with Twocreate.co.za through the Website you must be 18 years or older and possession of a valid credit or cheque card issued by a bank acceptable to us.
These Terms and Conditions shall apply to all Orders placed or to be placed by you on the Website with us for the sale and supply of Products. When you place an Order with us, provide any delivery instruction or accept delivery of the Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights provided for by, but not limited to, the Consumer Protection Act 68 of 2008. (These statutory rights include the right to insist that goods you buy from Twocreate.co.za must correspond with their description, be fit for their purpose and be of satisfactory quality).
Twocreate.co.za may, in its sole discretion, change these Terms and Conditions or any part thereof at any time on notice to you. It is your responsibility to ensure that you are acquainted with and satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from making use of the Website or placing any further Orders with us.
When placing an Order, you must register an Account on the Website as set out herein and follow the instructions as detailed on the Website with regard to placing and amending an Order.
Once a Product that you wish to order is selected and you have proceeded to the Checkout, the amount to be paid will be indicated together with the charges to be paid including VAT, delivery charges and cash handling fee, if applicable. Subject to clause 4.10 below, the amount reflected including charges is the amount payable by you with respect to the selected Product(s). Unless otherwise stipulated on the Website, all charges are in the currency in use in South Africa at the time of placing the Order.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or cheque card details with respect to a credit or cheque card issued by a bank acceptable to us, which we require to enable us to process your Order. Alternatively, you may pay by any method that is acceptable to us, but we reserve the right not to supply the Product or Products before the funds in respect of the purchased Product or Products have cleared in full.
You warrant that all details provided to us for the purpose of purchasing the Product(s) are correct, that the credit or cheque card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product(s). We reserve the right to obtain validation of your payment details before providing you with the Product.
When you place an Order on the Website, you agree that you do so subject to these Terms and Conditions applicable at the date that you place your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
We shall not be obliged to supply the Product to you until our acceptance of your Order by way of an email stating: “ORDER CONFIRMATION” as set out herein. Unless we expressly state that we accept your order in an “ORDER CONFIRMATION”, any email, letter, fax or other Acknowledgement of your Order by us is purely for informational purposes and does not constitute the “ORDER CONFIRMATION”.
In the Acknowledgement of Order you will be provided with a reference number and details of the Product(s) you have ordered. At any time prior to your receipt of “ORDER CONFIRMATION”, we may in our sole discretion refuse to accept any Order placed by you for any reason, including, but not limited to, unavailability of supplies, and, where applicable, an alternative Product may be offered. In the event of an alternative Product being offered, we may require that you re-submit your Order.
A Contract shall be formed and we shall be legally bound to supply the Product to you on our acceptance your Order. Acceptance of an Order shall take place when we expressly accept your Order in the form of an email called a “ORDER CONFIRMATION” stating that your Order is confirmed and accepted. Our “ORDER CONFIRMATION” shall be deemed to come into effect when it has been dispatched by us.
Until such time as we have accepted your Order by way of an “ORDER CONFIRMATION”, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order, without incurring a cancellation fee. In the event that the Order is cancelled, either by us or by you, prior to our acceptance of the Order as aforementioned, then we will promptly refund any payment already made by you or your credit or cheque card company to us for the order of the Product(s).
We make every effort to ensure that the price furnished to you is accurate. In the event that there is a change in the price of the Product(s) ordered by you or there is a change in the charges related thereto, prior to our acceptance of the Order by way of an “ORDER CONFIRMATION”, we will contact you to confirm that you wish to proceed at the amended price.
Where possible, we will deliver the Product at the place of delivery stipulated by you when placing your Order.
Delivery charges are calculated automatically on the total value and/ or the weight of all products included in an order, when the order is created.
We will make every effort to deliver within the time period indicated by us at the time of your Order, which time period will be updated in the “ORDER CONFIRMATION”. If parcels exceeds the weight of 15kg, contact us for a delivery. Contact us email email@example.com
Should we be unable to meet the estimated delivery date we shall not be liable to you for any losses, any and all claims of whatever nature and howsoever arising, damages, charges or expenses arising out of late delivery of the Product(s).
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any patent faults, defects or damage before you accept delivery. Please ensure that you retain a copy of the signed receipt should a dispute regarding the Product(s) arise in the future.
In the event that we, for any reason, are unable to deliver the Product(s) to the specified place of delivery, we will inform you using the contact details that you provide to us when you place your Order and arrange for cancellation of the Order or request an alternate address for delivery.
All risk in the Product(s) shall pass to you upon delivery, except where delivery is delayed due to a breach of your obligations as set out herein. In the event that delivery is delayed due to a breach by you, risk shall pass at the date when delivery would have occurred but for your breach. Where risk in the Product(s) has passed to you, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery of the Product(s).
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two week time period of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, without limiting the remedies available to us in law, we reserve the right to:
5.8.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; and/or
5.8.2 no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the Order, in which case we will refund to you or your credit or cheque card company as applicable any money already paid to us in respect of the Product(s), less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.8.1 above).
We do not warrant that the Products will meet your individual requirements and it is accordingly your responsibility to ensure that the Products are sufficient and suitable for your intended purposes and meet your individual requirements.
We reserve the right to refuse to accept or process payment on any Order, and/or to cancel any sale concluded between you and Twocreate.co.za, in whole or in part, should we for any reason suspect fraud with regard to any Order placed or if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
We shall not be liable to you for any losses, any and all claims of whatever nature and howsoever arising, damages, charges or expenses arising out of such refusal to accept or process any Order/sale.
7. Cancellation by Customer (Non-Faulty Product)
Prior to delivery and your acceptance of the Product(s), you are entitled to cancel any Order placed with Twocreate.co.za.
In the event of an Order being cancelled in terms of 7.1 above, monies paid by you will be refunded. We reserve the right to impose a reasonable charge for cancellation, which charge will be deducted from the monies already paid by you and thereafter, the remaining balance will be paid to you.
No cancellation fee will be imposed where you are unable to honour the Order with twocreate.co.za as a result of the death or hospitalization of the person for whom, or for whose benefit the Order was made.
8. Return of Product(s)
Subject to 8.3 below, subsequent to delivery and acceptance of the Product(s) ordered by you, you may return the Product(s) within 10 (TEN) days of date of delivery thereof.
In the event that Product(s) are returned as set out in 8.1 above, we will refund any monies paid by you in respect of the Product(s) returned, which refund is subject to a deduction of a reasonable charge by us.
You will not be entitled to return a Product or Products as set out in 8.1 above where:
8.3.1 for reasons of public health or otherwise, a public regulation prohibits the return of the Product(s) once they have been delivered to you; or
8.3.2 you, or any other person, have partially or entirely disassembled or physically altered the Product(s), or permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, the Product(s) with other goods or property.
9. Faulty Products
We warrant that:
9.1.1 the Product(s) ordered by you corresponds with the description provided on the Website;
9.1.2 the Product(s) will be reasonably suitable for the purposes for which they are generally intended;
9.1.3 the Product(s) are of good quality, in good working order and free of any defects;
9.1.4 the Product(s) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all surrounding circumstances of their supply; and
9.1.5 the Product(s) comply with any applicable standards set under the Standards Act 29 of 1993, or any other public regulation.
The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Website or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions and not for purposes for which the Product is not intended.
Should you, after delivery of the Product(s) discover that the Product(s) is faulty or defective, you agree that you will notify us with in the next 5 working days of delivery of such defect or fault on– firstname.lastname@example.org.
Should you, at any time after delivery of the Product(s) discover or become aware of the fact that the Product(s) is faulty or defective, you agree that, until such time as the Product(s) is made available to us (or our agent) to collect and/or inspect and/or repair:
9.3.1 you will keep the Product(s) in the condition in which it was in when delivered to you;
9.3.2 you will not attempt to repair, modify, partially or entirely disassemble or physically alter the Product(s), or permanently install, affix, attach, join or add to, blend or combine with, or embed within, the Product(s) with other goods or property;
9.3.3 you will not make use of the product for any reason whatsoever;
9.3.4 you will not allow any other person to attempt to repair, modify, partially or entirely disassemble or physically alter the Product(s), or permanently install, affix, attach, join or add to, blend or combine with, or embed within, the Product(s) with other goods or property; and
9.3.5 you will keep the Product(s) safe and out of reach of children and/or other persons.
In the event that the product is faulty or defective and you wish to make use of the remedy or remedies available to you in the circumstances, we will require that you provide us with information pertaining to the defect or fault in reasonable detail, together with the delivery reference number and any other information which we may reasonably require.
Should it be brought to your attention within 6 (SIX) months of date of delivery of the Product(s) to you, that the Product(s) fail to comply with the warranties as set out in 9.1.1 to 9.1.5 above, you are, subject to 9.6 below, entitled to elect that:
9.5.1 the Product(s) be replaced; or
9.5.2 the Product(s) be repaired; or
9.5.3 we refund you upon return of the Product(s).
In the event that the Product(s) fail to comply with the warranties as set out in 9.1.1 to 9.1.5, you will not be entitled to make an election as set out in 9.5 , if such failure is due to the fact that the Product(s) have, since delivery to you:
9.6.1 been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
9.6.2 been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
9.6.3 been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
9.6.4 deteriorated through normal wear and tear.
Not applicable at this stage – contact us on www.twocreate.co.za or our
Telephone number +27 (0)82 810 9966 if you wish to enquire about this.
10. Limitation of Liability
You acknowledge that you are fully aware that certain Product(s) supplied by twocreate.co.za present a danger and risk in the using of and/or possessing of such Product(s), including, but not limited to, the risk of death, injury, or disability, in addition to dangers and risks unknown to both you and twocreaten.co.za.
Despite 10.1 above, you nonetheless hereby indemnify and hold harmless twocreate.co.za, its members/directors of this Self defence, Surveilance and gifts business, employees, associates, agents (hereinafter collectively referred to as “the Indemnified Parties”) against any and all claims howsoever arising, for any loss or damage resulting from any bodily injury, disability, loss of life or loss or damage to property, including any such loss, injury, disability or damage which can be attributed to any act or omission on the part of the INDEMNIFIED PARTIES, which you or any other person may sustain whilst being in possession of, or making use of, any Product(s) supplied by Twocreate.co.za, whether or not such Product is being used for the purpose for which it is generally intended, in connection with such use or incidental thereto, and regardless of how such claim may have arisen.
You agree and warrant that your log-in name and password shall be used for your personal use only and that this information will not be disclosed to any third party.
12. Data protection and Privacy protection
Two Create endeavor to protect the Data Protection and Personal Information. Two Create does not sell, share or trade customer’s personal information, products purchased – collected online with third parties.
Two Create is committed to complying with the Promotion of Access to Information Act 2 of 2000 and its principles.
In exceptional circumstances Two Create may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.
Data protection of Personal Information
When you create an account the personal information we collect may include your: (will not shared with third parties)
• Name and Surname
• Delivery Address
• Email Address
• Telephone Number
• Mobile Number
• Date of Birth
• ID number / passport number; and
• Non-personal browsing habits and click patterns
The personal information we collect from you will be used in some or all of the following ways:
• To deliver the products you have purchased from twocreate.co.za
• To update you on the delivery of the product and for customer support purposes
• To provide you with relevant product information
When you register on twocreate.co.za, we will also use your personal information to send you marketing and/or promotional materials from time to time. You can unsubscribe from marketing information at anytime by using the unsubscribe function within the electronic marketing material.
Updating Your Personal Information
You can update your personal information anytime by accessing your account on twocreate.co.za website.
ensures that all information collected will be safely and securely stored.
We protect your personal information by:
• Restricting access to personal information
• Maintaining technology products to prevent unauthorised computer access
• Securely destroying your personal information when it’s no longer needed for our record retention purposes
Complaints about breaches of privacy
If you believe that your privacy has been breached by twocreate.co.za, please contact us email@example.com and we will resolve the issue.
13. Circumstances beyond our control (force majeur)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (hereinafter collectively referred to as “Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination, save for refunding you for monies paid in respect of a Product or Products, but where such Product(s) has not been delivered.
All letters or notices shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
Letters or Notices sent to either party by registered post will be deemed to have been received 4 (four) days after the date of posting.
Any notice given by email shall be deemed to have been received when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
15. Governing Law and Jurisdiction
This Website is governed by South African law and, subject to the clause 16 of these Terms and Conditions, you consent to the jurisdiction of the Magistrate’s Court in the event of legal proceedings being instituted as a result of this agreement.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and twocreate.co.za on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Two Create firstname.lastname@example.org then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
17. Address for Notices
Twocreate.co.za chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: email@example.com.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
A full record of every sale and related transaction between you and twocreate.co.za shall be maintained on the Site for a period of one year following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in twocreate.co.za and all rights not expressly granted are reserved.
18.7 When you visit the Website or send e-mails to Twocreate.co.za, you consent to receiving communications from Twocreate.co.za electronically and agree that all agreements, notices, disclosures and other communications sent by Twocreate.co.za satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”.
18.8 These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the Act”) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
19. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Website as continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.
Save for twocreate.co.za being liable to you under
20.1.1 the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by twocreate.co.za to you via the Website; and
20.1.2 sections 43(5) and 43(6) of the ECT Act in relation to twocreate.co.za’s payment systems not being sufficiently secure,
Neither twocreate.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, Two Create makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to firstname.lastname@example.org.
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Twocreate.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.