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Terms and Conditions

Last updated: March 03, 2023

 

     1. Introduction

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1.1. This website can be accessed at https://callalilybridal.wixsite.com/my-site, related mobi-sites and software applications (the “Website”) and is owned and operated by Calla Lily Bridal ("Calla Lily Bridal", "we", "us" and "our").

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for an extensive range of goods which may include footwear, apparel, sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys and pet supplies (“Goods”).

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     2. Important Notice

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2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

2.2.1. may limit the risk or liability of Calla Lily Bridal; and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify Calla Lily Bridal; and/or

2.2.4. serves as an acknowledgment, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Calla Lily Bridal to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Calla Lily Bridal in terms of the CPA.

2.6. Calla Lily Bridal permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the

 

Terms and Conditions.

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​     3. Disclaimer

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3.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

3.2. Whilst Calla Lily Bridal takes reasonable measures to ensure that the content of the Website is accurate and complete, Calla Lily Bridal makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

3.3. Calla Lily Bridal disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

3.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

3.5. Any views or statements made or expressed on the Website are not necessarily the views of Calla Lily Bridal, its directors, employees and/or agents.

3.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Calla Lily Bridal also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Calla Lily Bridal, its employees, agents or authorized representatives. Calla Lily Bridal thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

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     4. Linked third party websites

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4.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Calla Lily Bridal is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

4.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

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     5. Limitation of liability

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5.1. Calla Lily Bridal cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Calla Lily Bridal, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to callalilybridalsa@gmail.com 

5.2. CALLA LILY BRIDAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

5.3. YOU HEREBY INDEMNIFY CALLA LILY BRIDAL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

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     6. Availability and termination

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6.1 We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

6.2. Calla Lily Bridal may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Calla Lily Bridal will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

6.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

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     7. Governing law and jurisdiction

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7.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

7.2. In the event of any dispute arising between you and Calla Lily Bridal, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

7.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

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     8. Notices

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8.1. Calla Lily Bridal hereby selects callalilyrelovedbridal@gmail.com  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Calla Lily Bridal may change this address from time to time by updating these Terms and Conditions.

8.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Calla Lily Bridal not less than 7 days’ notice in writing.

8.3. Notices must be sent either by hand, or email and must be in English. All notices sent -

8.3.1. by hand will be deemed to have been received on the date of delivery;

8.3.2. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

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     9. General

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9.1. Calla Lily Bridal may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

9.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

9.3. Any failure on the part of you or Calla Lily Bridal to enforce any right in terms hereof shall not constitute a waiver of that right.

9.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

9.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

9.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

9.7 These Terms and Conditions contain the whole agreement between you and Calla Lily Bridal and no other warranty or undertaking is valid, unless contained in this document between the parties.

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