MyOwnCalendar - Terms and Conditions

Terms and conditions – Published 27 October 2009

These terms and conditions apply to the use of this website at www.myowncalendar.co.za (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this Website indicates that you accept these terms regardless of whether or not you choose to order from us. If you are not prepared to accept these terms, kindly do not use this website.

The www.myowndcalendar.co.za website is operated by Caffeine Addict Design, a company registered in South Africa.
Any reference in these terms and conditions to “we” or “us” refers to myowncalendar.co.za

Introduction

We may revise these terms and conditions at any time. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

Kindly note that MyOwnCalendar reserves the right to change images at our own discretion.

Ordering from us
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered and the costs associated with your order.

Our acceptance of an order takes place when we receive confirmation of payment from the bank. When we dispatch the order the purchase contract will be made even if your payment has been processed at time of order, unless we have notified you that we do not accept your order or you have cancelled your order by not making payment.

We may refuse to accept an order:

Where goods are not available
Where we cannot obtain authorisation for your payment
If there has been an order error
If you do not meet any eligibility criteria set out in our terms and conditions
If the order is to be delivered outside of South Africa.
If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

Pricing
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

Our prices are reviewed periodically.

Delivery
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.

You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.

We do not deliver outside of South Africa.

Delivery will be made as soon as possible and usually within 10 days of receipt of your payment confirmation. Our normal working hours are Monday to Friday 9am - 5.00pm. We only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on the website do not include weekends or special short term delivery solutions.

Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries

If you do not receive Products ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at info@myowncalendar.co.za of the problem within 40 days of the date on which you ordered the Products.

The majority of our products are dispatched via courier. If you have not received your items, please contact us via email on info@myowncalendar.co.za

In the event that you request to reproduce an item for you and subsequently the original is returned as undelivered by the courier, we reserve the right to charge the full cost of the printing and delivery again.

We reserve the right to wait up to 20 working days from the date of dispatch before replacing an undelivered item.

Order Cancellations
You do not have the option to cancel an order personalised or customised specifically for you. Once you have placed your order and we have received payment the order cannot be reversed.

Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen and the confirmation email carefully as we cannot refund products which have been mis-spelt.

We reserve the right to cancel your order at any time and issue a full refund.

The provisions of this clause do not affect your statutory rights.

Returns and exchange policy

Due to the personalized nature of the products we sell on this website we cannot offer a return or exchange option.

If you return an item because of an error on our part, or because it is defective, we will happily replace the order as long as none of the details you submitted on the website is changed.

The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.

We regret that postage and packing costs for unwanted items cannot be refunded.

Please note:

You have a duty to return the item that is faulty to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the agreement.
The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.

Discounts
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.

This returns policy does not affect your statutory rights.

The address for returns will be provided to you in the email confirming that the product can be returned.
I received the wrong item
If the item you received is not what you originally ordered, please email us at faultyorder@myowncalendar.co.za quoting your order number, your name and address, details of the product and the reason you expect a return. We will then confirm if the product can be returned and when it will be replaced.

Colour
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.

License
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the.

Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.