Terms and Conditions

 

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the vendor.

Day: calendar day.

Long-term transaction: a distance agreement concerning a series of products and/or services, of which the delivery and/or acceptance obligation is spread over time.

Durable data carrier: any medium that allows the consumer or vendor to store information directed personally at them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.

Vendor: the natural or legal person offering products and/or services at a distance to consumers.

Distance agreement: an agreement concluded under an organized system for remote sales of products and/or services, using one or more techniques for remote communication, exclusively until the conclusion of the agreement.

Remote communication technique: a means that can be used to conclude an agreement, without the consumer and vendor being simultaneously in the same location.

General Terms and Conditions: the present General Terms and Conditions of the vendor.

Article 2 – Identity of the Vendor

Business name: Lindiwe’s Plushies

Email: info@lindiwe-plushies.com

Website: www.lindiwe-plushies.com

Article 3 – Applicability

These general terms and conditions apply to any offer by the vendor and to any distance agreement and orders between the vendor and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the terms can be viewed at the vendor’s premises or will be sent to the consumer free of charge upon request.

If the agreement is concluded electronically, the terms and conditions will be provided electronically in such a way that they can easily be stored on a durable data carrier.

In the event that specific product or service conditions also apply, these conditions will complement the present general terms and conditions. In the case of conflict, the consumer may rely on the provision most favorable to them.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The vendor is entitled to modify or adjust the offer at any time.

All images, specifications, and descriptions are for illustrative purposes only and cannot be grounds for compensation or termination. However, the vendor strives to provide accurate representations of its products.

Each offer clearly specifies:

• The price (inclusive of VAT).

• Shipping costs, if applicable.

• The method of conclusion of the agreement and required steps.

• Whether the right of withdrawal applies.

• The method of payment, delivery, and execution.

• The duration or validity of the offer.

Article 5 – The Agreement

The agreement is concluded once the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the vendor will promptly confirm receipt of acceptance electronically.

The vendor will take appropriate technical and organizational measures to ensure a secure electronic environment.

The vendor may investigate whether the consumer can meet their payment obligations. If there are valid reasons not to enter into the agreement, the vendor may refuse an order or apply special conditions.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement within 14 days of receiving the goods, without providing any reason.

During this period, the consumer must handle the product and packaging carefully and only inspect it to determine whether they wish to keep it.

To exercise the right of withdrawal, the consumer must notify Lindiwe’s Plushies in writing or via email within the 14-day period. After notification, the product must be returned within 14 days, in its original condition and packaging.

If the consumer fails to communicate or return the goods within the specified periods, the right of withdrawal expires.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the goods is at the consumer’s expense.

If the consumer has already paid an amount, the vendor will refund it within 14 days of receiving the returned goods or proof of shipment.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to:

• Custom-made or personalized products.

• Products that cannot be returned for hygiene reasons.

• Products that have been used or damaged by the consumer.

Article 9 – The Price

Prices remain fixed during the validity period of the offer, except in cases of VAT changes or government-imposed adjustments.

All prices are stated in South African Rand (ZAR) and include VAT.

The vendor is not liable for typographical or system errors in pricing.

Article 10 – Conformity and Warranty

The vendor guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable expectations of quality and usability.

Products are not considered defective due to improper handling, washing, or storage by the consumer.

Article 11 – Delivery and Execution

The vendor will take the greatest care when processing and delivering orders.

The delivery address is the one provided by the consumer.

Accepted orders will be shipped within 30 days, unless a different delivery time has been agreed. If delivery is delayed, the consumer will be informed within 30 days and may cancel the order for a full refund.

The risk of loss or damage passes to the consumer once the product is delivered.

Article 12 – Payment

Unless otherwise agreed, payments must be made in full at checkout.

The consumer must ensure that payment details are entered correctly.

If payment fails or is reversed, the vendor may charge reasonable collection fees.

Article 13 – Complaints and Disputes

Complaints must be submitted within a reasonable time after the consumer discovers the issue.

Complaints can be submitted by email to info@lindiwe-plushies.com.

If a complaint cannot be resolved amicably, disputes will be settled in accordance with South African law by a competent court.

Article 14 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the consumer’s disadvantage and must be recorded in writing or on a durable data carrier accessible to the consumer.