Terms of service

By visiting the checkout, operated by Khotso and Friends and residing on the Website (Checkout), and placing your order (Order) through the Checkout, you confirm that you have read, understood and agreed to the Terms of Sale and Website Use and the privacy policy (together, Terms) in their entirety and you agree to be bound by them. If you do not agree to these terms, please do not order any Merchandise through the Checkout. These terms define your legal relationship regarding the Checkout, the placement of Orders for purchase of Merchandise and purchase thereof.

Please print or save these terms for future use as there is no guarantee that they will remain accessible in the future.

This Agreement is entered into the English language, if a non-English language version of these Terms is posted or provided, you agree that the translation is provided for convenience only and that the English language version will govern.

GENERAL

You purchase the Merchandise in your local currency and at a price that normally includes any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), plus delivery costs and fees (Delivery Costs) and any import duties, tariffs and similar fees that may be imposed by the delivery destination (Import Charges).

Orders placed via the Checkout are solely reserved for Consumers, only: (i) as defined by law and case law precedent, and (ii) individuals acting exclusively on their own behalf. Any Order which is obviously not a consumer retail sale and, more generally, any Order that is fraudulent or presumed as such, will not be accepted. Prior to placing an Order, you represent and warrant that the purchase of the Merchandise has no direct link to commercial activity of any kind and is strictly and solely for personal use.

The characteristics of the Merchandise you purchase, as well as the price, Delivery Costs and Import Charges (if available for pre-payment), shall be those displayed to you on the Checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.

You are advised that there may be minor differences between the actual Merchandise and the way that it appears on the Website/Checkout e.g. in relation to appearance / colour / texture / finish. The labelling or packaging of the Merchandise may differ from the images of these which you see on the Website and may not be in your own language.

Quantity limits may apply in relation to Orders of a certain Merchandise. Orders exceeding a certain number of authorized Merchandise may be refused at any moment in time, without prior notice.

BROWSING, CHECKOUT AND ACCEPTANCE OF ORDERS

You place the Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and submitting the order by clicking on the Add to cart button or similar button on the Checkout. This process allows you to check and correct any errors before making an order by using the “back” button.

To place an Order, you must be at least of the age which enables you to bind yourself to contracts per local legal requirements in the place where you reside. By placing an order, you confirm that you meet this requirement.

The information contained in these Terms and the data contained on the Website and Checkout does not constitute an offer to sell, but rather an invitation to contract. Once you have placed your Order, it will be acknowledged via an email which will contain the relevant details of your Order. Please note, this e-mail does not constitute an acceptance of your Order to purchase the Merchandise – it only constitutes an acknowledgment of your Order. Your Order is not accepted (and therefore no commitment is made to provide you with the Merchandise), and no contract for the sale of such Merchandise shall come into effect, until your Order is specifically accepted, and a confirmation email is sent (“Order Confirmation " ").

Order confirmation is subject to fraud checks and certain other mandated regulatory checks (such as 'Denied Parties Screening').

If the payment method you selected at Checkout supports an authorization mechanism (e.g. most credit/debit cards), then when you place your Order the applicable amount will only be authorized. You will be charged only after the Merchandise has been dispatched to you, unless the Order is a 'pre-order' or a similar type of order, in which case the charge could be made even before the Merchandise has been dispatched, depending on the particulars of the pre-ordered Merchandise. If the payment method you selected does not support authorization mechanism, the charge will be immediate upon placing the order (or such other timing set by that specific payment method you used, if applicable). Please note that you will be charged the full Order amount even if the Order is dispatched in parts. Where PayPal/PayPal Express is offered as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-Payment shall not affect your legal rights under these Terms (including for example any right of refund). If shipping, delivery or fulfilment obligations cannot be performed (subject to these terms), you will be notified via email, and a refund of the pre-payment will be made without delay.

Appropriate efforts are made to process and fulfil any order as quickly as possible. However, certain orders may be declined, notably abnormal orders, orders which are suspected to be placed not in good faith or orders which have not been placed by individuals. Your Order may also be declined or cancelled, upon notice to you, if: (a) the Merchandise is unavailable (in which case, if the payment was processed, you will be refunded in accordance with these terms); or (b) the payment information you provided cannot be verified.

If a suspicion arises that someone's identity, address, email address and/or payment information has been used fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information prior to, and as a condition to, the acceptance of any Order.

Moreover, an Order may be cancelled (in full or in part) even after the Order Confirmation was dispatched, if a suspicion arises that there could be, or actually were such circumstances (on our part or any third party's part) giving rise to a good faith, genuine or honest error, mistake or misunderstanding pursuant to which we would not have sent the Order Confirmation nor have agreed to sell the Merchandise. An example could be a particularly low price for a Merchandise otherwise costing significantly more. In the event of such a genuine error, you shall receive a properly detailed notice of cancellation, following which your order will be automatically cancelled, and you will be refunded the amounts you actually paid.

Nothing in these terms affects consumers' legal rights in relation to Merchandise that is not in conformity with the contract, whether because they are faulty, not as described or otherwise.

EXCHANGE RATE

Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you actually place your Order via the Checkout, as displayed on the Checkout.

OWNERSHIP, RISK, IMPORTER OF RECORD

The ownership in and to the Merchandise ordered is transferred to you the moment the Merchandise is dispatched to you (where the contract for the sale of Merchandise is concluded), provided you have made full payment of the Order amount (including Merchandise price, Delivery Costs if any and any other charges payable under these terms, if any)

Risk of damage or loss is transferred to you on delivery to you or to someone identified by you to carry or take possession of the Merchandise on your behalf.

You agree that you will not re-export or commercially re-sell any Merchandise purchased by you via the Checkout.

FULFILMENT, HANDLING AND DELIVERY OF ORDERS

You acknowledge and agree that Khotso and Friends or one of its third-party fulfilment services providers acting on its behalf, including any retail partner (each a “Fulfilment Provider”) may handle the delivery and fulfilment of your Order, and that Khotso and Friends has sole discretion as to which Fulfilment Provider it chooses to use.

Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination) but the Checkout will not allow you to submit your order if the Merchandise cannot be delivered to your specified address.

Delivery will be completed when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 60 days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. Khotso and Friends is unable to specify an exact delivery date and time.

Khotso and Friends has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where Khotso and Friends could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside Khotso and Friends control, or delays resulting directly from your actions or omissions.

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details in the Order.

PAYMENT METHODS

You may pay with the payment methods specified at Checkout. When being charged, the descriptor you will see shall include K2020183/07 or “Khotso and Friends” identified as ' Bull Manufacturing' and will substantially look like this: **Khotso and Friends//Merchant**. Payments in relation to the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

You acknowledge and agree that: (i) you will be charged by Khotso and Friends or one of its third party payment processors (“Payment Processor”), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Khotso and Friends may use the tools, software or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Khotso and Friends charges or fees, and Khotso and Friends has no control over this nor does Khotso and Friends have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Global- e also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Khotso and Friends’s commitment is to acquire the amount set at Checkout in your local currency. .

Depending on your geography, payment may be routed through one of our intra-group affiliated companies, acting as our agent. Payment will be made to such affiliate, which will constitute a payment to us, and will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

Payment by Invoice with Klarna:

In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Merchandise using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here, noting that German (not English) is the governing and binding language of such terms and conditions. Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Khotso and Friends accepts no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Merchandise using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms of Klarna's privacy policy shall apply to their use of your personal information. Khotso and Friends shall have no responsibility for their use of your personal data.

Khotso and Friends will process your payment for the Merchandise. Khotso and Friends will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence) Khotso and Friends cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

LIABILITY

There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these terms limits our (or as the case may be the retailer's) liability for personal injury or death caused by our negligence or our liability for fraud, or for breach of any term implied by applicable consumer rights legislation which, by applicable law, may not be limited or excluded. You may have certain rights as a consumer, including legal rights relating to faulty product(s). Nothing in these terms will affect these legal rights

Subject to this, in no event will there be any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

Khotso and Friends will not be responsible for any loss or damage incurred by unauthorized use of your payment card on the Checkout, and Khotso and Friends are not responsible for notifying your card issuer or any law enforcement authority in such instances.

You must give a Khotso and Friends a reasonable opportunity to remedy any matter for which they are liable before you incur any costs of remedying the matter yourself.

It cannot be guaranteed that the Website will be uninterrupted or error-free and Khotso and Friends cannot guarantee that the Checkout will be uninterrupted or error-free. Khotso and Friends are entitled without notice and without liability to suspend the Website or the Checkout for repair, maintenance, improvement or other technical reason.

To the maximum extent permitted by applicable law, Khotso and Friends shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

 

INTELLECTUAL PROPERTY RIGHTS

Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Khotso and Friends or our licensors.

You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.

 

TERMS OF WEBSITE USE

Please read these Terms and Conditions for Website Use (Use of the Website Terms and Conditions) carefully before using the Website. These Website Use Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

 Content on the Website

All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software ( Content ), is owned by Khotso and Friends, its affiliated companies, its licensees or its content providers. All elements of the Website including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as expressly permitted under this or any other agreement with Khotso and Friends, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Khotso and Friends, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

 Copyright And Trademarks

The copyright in all Content is and remains owned by Khotso and Friends, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the Materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Khotso and Friends. For the purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated into or generated by the software, and data accompanying the software ( collectively, the Software ) are licensed to you by Khotso and Friends. Khotso and Friends does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Khotso and Friends retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of Khotso and Friends Group, product packaging and/or on the Website, whether registered or not (the Trade Marks) remain the exclusive property of Khotso and Friends, its affiliated companies or its licensors. (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity permit to distribute of materials on the Website, without Khotso and Friends' prior written consent. . The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext,

 Disclaimer of Warranties

The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.

Khotso and Friends does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Khotso and Friends will not provide for specific IT infrastructure or connectivity. Thus Khotso and Friends cannot represent or warrant the Website will be uninterrupted or error free. Khotso and Friends does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

 Limitation of Liability

Your use of the Website is at your own risk. Neither Khotso and Friends, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the Products or otherwise arising out of or in connection with such Use of the Website Terms and Conditions, even if Khotso and Friends has been advised of the possibility of any such damages.

 Links to Third Parties

For your convenience and to improve the use of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside the Khotso and Friends service and off the Website and are beyond Khotso and Friends control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. Khotso and Friends is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these Websites entirely at your own risk.

Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.

 Misuse of the Website

You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic , abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offense, violating the rights of any party or which may otherwise give rise to civil liability or violate any law. Khotso and Friends may deny you access to the Website at any time in its sole discretion, which shall include situations where Khotso and Friends believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.

You are also prohibited from using the Website to advertise or perform any commercial solicitation.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its Content or circumvent the structure or presentation of the Website or any of its Content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorized means.

 User Generated Content

All opinions, opinions, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalization on Personalized Products) that you or other users of the Website post to the Website or transmit using the Website (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, Khotso and Friends shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Khotso and Friends only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Khotso and Friends shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Khotso and Friends be under an obligation to do so. Without limitation to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Khotso and Friends. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. acclaim, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and hold Khotso and Friends and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Khotso and Friends or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website. .

Khotso and Friends reserves the right at its sole discretion to block or remove (in whole or in part) any User Generated Content posted or transmitted by you which Khotso and Friends believes is not in accordance with these Terms of Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Khotso and Friends.

You agree to promptly notify Khotso and Friends in writing copyright@khotsoandfriends.co.za of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Khotso and Friends sufficient information to enable Khotso and Friends to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Khotso and Friends agrees to make good faith efforts to investigate such complaint and shall take such action as Khotso and Friends in its sole discretion decides. However, Khotso and Friends does not warrant or represent that it will block or remove (in whole or in part) such User Generated Content or other Content.

 Unsolicited Ideas

Khotso and Friends maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to the Khotso and Friends business (including without limitation footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software , information or otherwise (the Materials) from persons external to Khotso and Friends. You should therefore not post any materials on the Website or send these to Khotso and Friends by e-mail or otherwise.

 GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of South Africa.

You agree to the jurisdiction of the Western Cape High Court (Cape Town) in respect of any dispute regarding or arising from these Terms or any Order.

 MISCELLANEOUS

Communications will be made electronically by sending email or otherwise posting electronically.

Khotso and Friends is committed to making the conduct on its business in accordance with the UN “The Ten Principles of the UN Global Compact” ( available here ).

If any provision or provisions of these terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest permitted extent by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be or be affected.

Headings used in these terms are for information and not binding.

Any failure by either party to exercise or enforce any right or provision of these terms does not mean this is a waiver (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. These terms may be transferred to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.

Khotso and reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Khotso and Friends reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Khotso and Friends or the public.

The Checkout may contain links to third party websites or services that are not owned or controlled by Khotso and Friends. Khotso and Friends is not affiliated with, has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are responsible and liable for your use of and linking to third-party websites and any content that you may submit or post to a third-party website; and (ii) expressly release Khotso and Friends from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

Khotso and Friends reserves the right to modify these terms at any time by posting the changes on the Checkout or the Site. Such change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any order that you have already placed.

These Terms constitute the entire Agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Khotso and Friends and may be officially concluded in the English language only, and that no public filing requirements apply.