TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS OF USE AND AGREEMENT TO TERMS AND CONDITIONS OF USE APPLY TO THE KUDU WEBSITE LOCATED AT WWW.KUDUCOSMETICA.COM. THESE TERMS AND CONDITIONS APPLY TO USERS WHO ARE CONSUMERS FOR PURPOSES OF THE CONSUMER PROTECTION ACT, 68 OF 2008 (THE “CPA”). THESE TERMS AND CONDITIONS GOVERN THE SUPPLY BY US OF ANY PRODUCTS ORDERED BY YOU ON THE SITE. BY AGREEING TO ORDER A PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS ARE IN ACCORDANCE WITH SOUTH AFRICAN LAW. THE LAWS OF YOUR COUNTRY MAY DIFFER FROM SOUTH AFRICAN LAW. USERS SHOULD COMPLY WITH ALL APPLICABLE LOCAL AND INTERNATIONAL LAWS AND REGULATIONS REGARDING THE USE OF OUR WEBSITE.

THIS SITE IS THE PROPERTY OF KUDU COSMETICA (PTY) LTD.

BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE UNCONDITIONALLY. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING ANY ORDERS ON WWW.KUDUCOSMETICA.COM.

IF THERE IS ANY PROVISION IN THESE TERMS AND CONDITIONS THAT YOU DO NOT UNDERSTAND, IT IS YOUR RESPONSIBILITY TO ASK KUDU COSMETICA TO EXPLAIN IT TO YOU BEFORE YOU ACCEPT THE TERMS AND CONDITIONS OR CONTINUE USING THE WEBSITE. YOU MUST NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS.

KUDU COSMETICA (PTY) LTD RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS OF USE PERIODICALLY FOR CHANGES TO MAKE SURE THAT YOU ARE SATISFIED WITH THE CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.

CHANGES MADE AFTER YOU HAVE PLACED AN ORDER WILL NOT AFFECT YOUR ORDER UNLESS WE ARE REQUIRED TO MAKE THE CHANGE BY LAW.

IF YOU DO NOT AGREE TO ANY CHANGES OF THESE TERMS AND CONDITIONS, PLEASE CONTACT US IMMEDIATELY AT CONNECT@KUDUCOSMETICA.COM

AS LONG AS YOU COMPLY WITH THESE TERMS AND CONDITIONS OF USE, KUDU COSMETICA (PTY) LTD GRANTS YOU A PERSONAL, LIMITED PRIVILEGE TO ENTER AND USE THE SITE.

DUE TO SOUTH AFRICAN LEGISLATION, WE ONLY ACCEPT ORDERS FROM THOSE OVER 18 (EIGHTEEN) YEARS OF AGE OR OLDER AND OF FULL LEGAL CAPACITY. IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) OR IF YOU ARE NOT LEGALLY PERMITTED TO ENTER INTO A BINDING AGREEMENT, THEN YOU MAY USE THE WEBSITE IF YOUR PARENT OR LEGAL GUARDIAN SUPERVISES YOU AND GIVES HIS/HER CONSENT, THEN SUCH PERSON AGREES TO BE BOUND TO THESE TERMS AND CONDITIONS AND TO BE LIABLE AND RESPONSIBLE FOR YOU AND ALL YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.

RETURNS

PLEASE REFER TO OUR RETURNS POLICY FOR MORE INFORMATION ABOUT CANCELLING ORDERS AFTER DELIVERY AND ABOUT RETURNS (AND RELATED REFUNDS OR REPLACEMENTS).  THE RETURNS POLICY IS INCORPORATED BY REFERENCE (WHICH MEANS THAT IT FORMS PART OF THESE TERMS AND CONDITIONS).

OUT OF STOCK ITEMS

WE CANNOT GUARANTEE THAT ALL ITEMS SHOWN AT THE KUDU COSMETICA WEB SHOP ARE AVAILABLE IN STOCK AT THE TIME OF YOUR ORDER. IF AN ITEM IS FOUND TO BE OUT OF STOCK AFTER YOU PLACE YOUR ORDER, WE WILL CONTACT YOU VIA PHONE OR E-MAIL. YOU CAN EITHER REPLACE THE ITEM WITH AN IN STOCK PRODUCT, REMOVE THE ITEM FROM YOUR ORDER AND RECEIVE A REFUND, OR CANCEL YOU ENTIRE ORDER FOR A FULL REFUND. IF AN ITEM IS DUE TO BE BACK IN STOCK WITHIN A COUPLE OF DAYS, WE WILL OFFER TO HOLD YOUR ORDER UNTIL NEW STOCK ARRIVES.

PAYMENT

WE ARE COMMITTED TO PROVIDING SECURE ONLINE PAYMENT FACILITIES. ALL TRANSACTIONS ARE ENCRYPTED USING APPROPRIATE ENCRYPTION TECHNOLOGY. ONCE YOU HAVE SELECTED YOUR PAYMENT METHOD AND YOU ACCEPT THESE TERMS AND CONDITIONS, YOU WILL BE DIRECTED TO A LINK TO A SECURE SITE FOR PAYMENT OF THE APPLICABLE PURCHASE PRICE FOR THE GOODS.

 PAYMENT CAN BE MADE VIA -

 -CREDIT CARD: WHERE PAYMENT IS MADE BY CREDIT CARD, WE MAY REQUIRE ADDITIONAL INFORMATION IN ORDER TO AUTHORISE AND/OR VERIFY THE VALIDITY OF PAYMENT. IN SUCH CASES WE RESERVE THE RIGHT TO WITHHOLD DELIVERY UNTIL SUCH TIME AS THE ADDITIONAL INFORMATION IS RECEIVED BY US AND AUTHORISATION IS OBTAINED BY US FOR THE AMOUNTS. IF WE DO NOT RECEIVE AUTHORISATION, YOUR ORDER FOR THE GOODS WILL BE CANCELLED.

WHEN YOU CHECK OUT OF THE KUDU COSMETICA WEB SHOP YOUR CREDIT CARD WILL BE CHARGED WITH THE AMOUNT OF THE PURCHASED ITEMS AND THE SHIPPING COST. YOU WILL THEN IMMEDIATELY RECEIVE AN ELECTRONIC ORDER CONFIRMATION AND ONCE WE RECEIVE THE RECEIPT OF YOUR PAYMENT THE ORDER WILL BE PROCESSED.

YOU WARRANT THAT YOU ARE FULLY AUTHORISED TO USE THE CREDIT CARD SUPPLIED FOR PURPOSES OF PAYING THE GOODS. YOU ALSO WARRANT THAT YOUR CREDIT CARD HAS SUFFICIENT AVAILABLE FUNDS TO COVER ALL THE COSTS INCURRED AS A RESULT OF THE SERVICES USED ON THE WEBSITE.

 -DIRECT BANK DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT): IF YOU PAY VIA DIRECT BANK DEPOSIT OR ELECTRONIC FUNDS TRANSFER, PAYMENT MUST BE MADE WITHIN 2 (TWO) DAYS OF PLACING YOUR ORDER. KUDU WILL NOT ACCEPT YOUR ORDER IF PAYMENT HAS NOT BEEN RECEIVED.
ALL BANK DEPOSIT EFT’S REQUIRE PROOF OF PAYMENT TO BE SENT CONNECT@KUDUCOSMETICA.COM BEFORE YOUR ORDER WILL BE PROCESSED. IF PAYMENT DOES NOT REFLECT FOR AN EFT TRANSACTION WE MAY REQUEST PROOF OF PAYMENT TO BE SENT BEFORE YOUR ORDER IS PROCESSED.

 -INSTANT EFT VIA PAYFAST THIS PAYMENT METHOD REQUIRES YOU TO TRANSFER MONEY DIRECTLY FROM YOUR BANK ACCOUNT INTO KUDU COSMETICA’S ACCOUNT, THROUGH COMPUTER-BASED SYSTEMS.
IF YOU SELECT INSTANT EFT, YOU WILL BE REDIRECTED TO OUR SECURE PAYMENT GATEWAY AND ASKED TO SELECT YOUR BANK. THE DETAILS FOR THE EFT PAYMENT WILL THEN BE DISPLAYED, ALONG WITH INSTRUCTIONS REGARDING REFERENCES ETC.

YOU MAY CONTACT US VIA E-MAIL TO OBTAIN A FULL RECORD OF YOUR PAYMENT. WE WILL ALSO SEND YOU EMAIL AND SMS COMMUNICATIONS ABOUT YOUR ORDER AND PAYMENT.

USE OF THE WEBSITE

YOU MAY NOT USE THE SITE OR ANY PORTION OF IT FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS OF USE, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF KUDU COSMETICA OR OTHERS.

YOU MAY NOT IN ANY WAY USE THIS WEBSITE FOR ANY FRAUDULENT OR SPECULATIVE TRANSACTIONS OR TO DISPLAY, PUBLISH, COPY, PRINT, POST, MODIFY OR OTHERWISE USE THE WEBSITE AND/OR THE INFORMATION CONTAINED THEREIN WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF AN AUTHORISED COMPANY REPRESENTATIVE.

YOU AGREE THAT MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE SITE OR TO ANY SERVER USED BY KUDU COSMETICA PTY LTD, OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE SITE.

YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE SITE, OR WITH ANY OTHER PERSON’S USE OF THE SITE.

YOU MAY NOT FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY MESSAGE YOU SEND TO KUDU COSMETICA (PTY) LTD ON OR THROUGH THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE. YOU MAY NOT PRETEND THAT YOU ARE, OR THAT YOU REPRESENT, SOMEONE ELSE, OR IMPERSONATE ANY OTHER INDIVIDUAL OR ENTITY.

CONTENT

MATERIALS AND INFORMATION ON THIS WEBSITE, INCLUDING LOGOS, TEXT, PHOTOS, PAGES, DOCUMENTS, GRAPHICS, ARTWORK, TRADEMARKS, DATA AND SOFTWARE AUDIO IS OWNED, CONTROLLED OR LICENSED BY OR TO KUDU COSMETICA (PTY) LTD AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS, UNLESS SPECIFICALLY STATED TO THE CONTRARY.

YOU MAY USE THIS MATERIAL ONLY FOR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY DOWNLOAD, PRINT AND STORE COPIES OF THIS MATERIAL PROVIDED THAT IT IS FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, IF THIS COPYRIGHT PERMISSION NOTICE IS INCLUDED IN ALL SUCH COPIES.

PARTS OF THE SERVICES MEDIATED THROUGH THE SITE ARE MAINTAINED BY OUTSIDE ORGANIZATIONS. IN SITUATIONS WHERE KUDU COSMETICA ACTS AS AGENT FOR SUCH SERVICES, WE CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS RESULTING FROM THEIR ACTIVITIES. KUDU COSMETICA CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE CAUSED FROM USING THE SITE.

LINKS

THIS SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE'RE NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.