1.1 For purposes of these General Terms and Conditions and elsewhere on the website, "
KiND" means Olivia Orange (Proprietary) Limited, Reg nr: 2018/245236/07.
KiND’s head office is located at 23 Carstens Street, Cape Town 8001, South Africa.
2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which
KiND acts as supplier of items.
3. Product specifications; pricing; typographical errors
KiND will not be required to execute an order or compensate a buyer for any loss if
KiND made an error when presenting the item, formulating its characteristics or stating its price, and
i) it should have been clear to the buyer that such involved a printing error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on
KiND delivering quoted item, with stated characteristics, at this price.
4.1 Products sold by
KiND are billed in South African Rands and do not include VAT.
5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
6.1 All prices of the items posted on the website are exclusive of delivery costs.
6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
KiND shall endeavour to supply the items ordered, provided that
KiND has such items in stock, to the delivery address within 3 - 7 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
KiND shall arrange delivery by post or dispatch orders in any other way, at
KiND’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.
7.4 The delivery period for wholesale orders is a maximum of 60 days.
8. Stock Availability
8.1 Stock on offer is limited as
KiND is imported from Europe.
KiND shall take all reasonable efforts restock as soon as stock is no longer available.
9.1 Payment is accepted via credit card (Visa or Mastercard), SnapScan and direct transfer. Online credit card transactions will be acquired for
KiND via PayPal (Proprietary) Limited ("PayPal"). PayPal uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on the website. Users may go to their website (www.paypal.com) to view their security certificate and security policy.
10. Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between
KiND and the purchaser. Users cannot hold
KiND liable if such items are not available when the purchase cycle is completed; and
KiND may remove such an item from the shopping basket if no stock is available. An agreement of sale between
KiND and a user only comes into effect if and when a credit card authorization is received from the issuing bank.
KiND reserves the right to refuse to accept and/or execute an order without giving any reasons.
KiND also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event
KiND shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
11.1 For more information about returns and refunds. See the Returns Policy section on this website.
12. Applicable Law
12.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
13. Personal Data
KiND shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
KiND will store the data provided by buyers in a data file. Such data will be used to execute buyers' orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer's privacy.
14. Changes To Agreement
KiND may, at its sole discretion, change this agreement or any part thereof at any time without notice.
15. Intellectual Property Rights
15.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to
KiND and as such are protected from infringement by local and international legislation and treaties.
KiND chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 23 Carstens Street, Cape Town 8001, South Africa.