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TERMS & CONDITIONS

TERMS & CONDITIONS

This website is operated by Mantua Silkwear. Throughout the website, the terms “we”, “us” and “our” refer to Mantua Silkwear. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional Policies referenced herein and/or available by hyperlink. Please
read these Terms and Conditions carefully before accessing or using our website.

1. General

  • Use of our website confirms your understanding and acceptance of these Terms and Conditions.
  • By accessing or using any part of the website, you acknowledge and confirm that you have read, accepted, understand and agree to be bound by these Terms and Conditions. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services.
  • These Terms apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


2. Purchases

  • Our online store is hosted on Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our products and services to you.
  • We accept various forms of payment, including credit/debit cards and other payment methods specified on our website.
  • Payment must be made in full at the time of order.
  • All products sold on our website are billed in the currency of South African Rands (ZAR) and include VAT.
  • Prices and availability of products are subject to change without notice.


3. Intellectual Property Rights

  • All content, trademarks and data on our website, included on this website, such as designs, illustrations, images, photographs, text, graphics, logos, buttons, icons, audio clips, video, music, sounds, hyperlinks, private information, databases, software, documents and agreements.
  • Content, is the property of Mantua Silkwear or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Mantua Silkwear and is protected by Intellectual Property laws.
  • Except as stated herein, none of the material may be copied, reproduced, disclosed, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Mantua Silkwear.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  • You may not "mirror" any content contained on the website on any other server unless with the prior written permission of Mantua Silkwear.
  • All trademarks and trade names are and shall remain the exclusive property of Mantua Silkwear. You may not use any Mantua Silkwear logo or any other proprietary graphic, trade name or trademark whatsoever without the express written permission of Mantua Silkwear, its affiliates and/or content suppliers.
  • All rights are reserved. This website may be used by customers to browse the content and products and to make legitimate purchases. Persons may not use this website for any purposes such as fraudulent or speculative transactions or to copy, reproduce, republish or redistribute any of the images or content available on the website.
  • The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.


4. Personal Data

  • You will be required to provide certain information in order to purchase products that are displayed on our website, which may include personal information.
  • Full details on data privacy can be found in our Privacy Policy on our website, to view how we process, use and protect your personal information. This forms part of these Terms and Conditions.


5. Payment

  • Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the products.
  • Payment is accepted via debit/credit card. Online credit card transactions will be acquired for Mantua Silkwear via Payfast.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • You may be required to create an account to access certain features of our website. In which case, you are responsible for maintaining the confidentiality of your account information.


6. Billing Information

  • You agree to provide current, complete and accurate information for all purchases made on our website. You also agree to promptly update your account and other information, including your email address, credit card numbers and contact details, so that we can contact you as needed.
  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • For more details, please review our Returns & Exchange Policy.


7. Stock Availability

  • Placing an item in your shopping basket, without completing the purchase cycle, does not constitute an agreement of sale. Users cannot hold us liable if such items are not available when the purchase cycle is completed and we may remove such an item from the shopping basket if no stock is available.
  • Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized. In this circumstance, if an order has been cancelled where credit card was the method of payment, the amount will automatically be refunded back to the credit card.
  • We will notify you as soon as we can if any items ordered are not available (this may take a few days, depending on the delivery and payment method).
  • An agreement of sale only comes into effect if and when a credit card authorization is received from the issuing bank. We reserve the right to refuse to accept and execute an order or cancel orders in whole or in part as circumstances dictate, in which event we shall only be liable to refund monies already paid by the user.


8. Delivery

  • All prices of the items posted on the website are inclusive of delivery costs for South Africa only.
  • For more information about delivery, please see our Shipping & Delivery Policy, which is incorporated into these Terms by reference.


9. Products and Services

  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Returns & Exchange Policy only.
  • We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


10. Third-Party Links

  • Certain content, products and services available via our Service may include materials from third-parties.
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
  • Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  • We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.


11. Standard Warranty Policy

  • The products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the products are handled, stored, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
  • We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the products in breach of these Terms and Conditions.  
  • You indemnify us against any loss, liability or cost incurred by you arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Service or Website, the use of the Service or Website through your password and/or any breach of this Agreement by you.


12. Modifications

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content hereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.


13. Errors and Omissions

  • Occasionally, our site or the Service may contain information with typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. While we make every effort to maintain accuracy, we acknowledge that errors may occur despite our best intentions. Therefore, we reserve the right to correct any errors, inaccuracies, or omissions promptly. However, it is important to note that we cannot guarantee the complete absence of errors.
  • In line with this understanding, we shall not be held liable for any loss, claim, or expense arising from a transaction based on such errors, except in cases of gross negligence on our part. While we strive for transparency and accuracy, we cannot guarantee error-free information. We undertake no obligation to update or amend information on the website or the Service, including pricing information, unless required by law. Thus, the absence of a specified update or refresh date should not be construed as a comprehensive modification or update of all information on the website or the Service.
  • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


14. Disclaimer

  • By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country or province of residence, or you have given us your consent to allow any of your minor dependents to use this website. 
  • You warrant and represent that you have the full right and authority to enter into this
  • agreement and that you are not aware of any impediment which would inhibit your ability to perform the Terms and Conditions imposed on you.


15. Termination

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services and where applicable, legal action taken.


16. Prohibited Uses

  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
  • religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any
  • related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
  • immoral purpose; (k) to transmit any worms or viruses or any code of a destructive nature; or (l)
  • to interfere with or circumvent the security features of the Service or any related website, other
  • websites, or the Internet.
  • Engaging in any of the Prohibited Uses will result in the immediate termination of your Services, and legal action may be taken if you choose to undertake such activities.


17. Limitation of liability

  • To the fullest extent permitted by law, Mantua Silkwear and its directors, officers, employees,
  • affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with your use of our website or service, or the purchase of our products. This
  • includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict
  • liability, or otherwise. We do not guarantee, represent, or warrant that your use of our website or service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the website or service will be accurate or reliable. You agree that from time to time we may remove the website or service for indefinite periods or cancel it at any time without notice.
  • You expressly agree that your use of, or inability to use, the website or service is at your sole risk. The website and all products and services delivered to you through the website or service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all
  • implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


18. Indemnification

  • You agree to indemnify, defend and hold harmless Mantua Silkwear and all our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made
  • by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


19. Entire Agreement

  • These Terms and Conditions and any policies or operating rules posted by us on this site or in
  • respect to The Service constitutes the entire agreement and understanding between you and us
  • and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not
  • limited to, any prior versions of the Terms and Conditions).
  • Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
  • The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.


20. Applicable Law

  • These Terms and Conditions and any separate agreements whereby we provide you with products or Services shall be governed by and construed in accordance with the laws of South Africa.
  • Any disputes arising from these terms or your use of our website shall be resolved in the courts of South Africa.


21. Force Majeure

  • We shall not be responsible for any losses or damages caused by delays in the performance or non-performance of our obligations when caused by Acts of God, strike, acts of war, riots, civil commotion, natural physical disaster, or any action by government or public authority and inability of supplies or material or labour or any other cause whatsoever beyond our control, including effects of the COVID-19 crises epidemic and its effects thereof.


22. Severability

  • In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and
  • Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.


23. Contact Information
Should you have any questions or queries about these Terms and Conditions or require any further information, please contact us at juandi@mantua.co.za