WEBSITE TERMS AND CONDITIONS OF USE
Terms and Conditions
Le Bouton is incorporated under the laws of the Republic of South Africa and has its registered office in Johannesburg, Gauteng. This Website (www.lebouton.co.za) and its associated mobile platforms (“the Website”) are owned and edited by Le Bouton.
Please read these Terms and Conditions carefully before using the Website. By using the Website, you signify your assent and agreement to these Terms and Conditions.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
- Le Bouton permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of Website and Registration
- To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the Website to amongst others purchase our Goods and track you Order status.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Le Bouton immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using this Website you warrant that you are eighteen years of age or older and of full legal capacity. If you are under the age of eighteen or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. 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.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from Le Bouton (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of Le Bouton.
Sales and Availability of Stock
- Users, registered or otherwise, may place orders for Goods, which Le Bouton may accept or reject at our discretion. Whether or not Le Bouton accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Le Bouton for the Goods.
- Le Bouton will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Le Bouton come into effect (the “Purchase Sale”). This is regardless of any communication from Le Bouton stating that your order or payment has been confirmed. Le Bouton will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch notice (that the Goods have been dispatched for delivery) or delivery notice. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by us, Le Bouton will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website or displayed as “out of stock”. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Le Bouton will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Payment can be made on the Website for Goods via Payfast (a Third Party Payment Gateway) offering –
- debit card via PayD mobile authentication;
- credit card/cheque 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 are entitled 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. 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;
- Instant EFT
- The above payment options are explained in more detail in our Payment Methods, which are incorporated by reference.
- You may contact us via our email (email@example.com) to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method you will be directed to a link to a secure site for payment, namely Payfast, of the applicable purchase price for the Goods.
Delivery of Goods
- Le Bouton offers delivery via courier. A Third Party delivery/courier company contracted with Le Bouton.
- For more information about delivery, please see our Shipping and Tracking, which are incorporated into these Terms and Conditions by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check regularly for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
- When we accept your order, Le Bouton will deliver the Goods to you as soon as reasonably possible, but no later than 21 (twenty one) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Our obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after we have delivered the product to the physical address nominated by you.
Errors on the Website
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Updates to Terms and Conditions
We may, at our sole discretion, make changes from time to time to these Terms and Conditions so please check back regularly to keep informed of any updates. The latest version of the Terms and Conditions will always be displayed on the Website. Any new version of these Terms and Conditions shall take effect and will govern the use of the Website and your relationship with us immediately upon the date date of publishment and/or display on the Website. By continuing to use the Website, you agree to be bound by the Terms and Conditions and any updates and amendments thereof.
Copyright & Ownership
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Le Bouton.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst we take reasonable steps to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by our representatives, we shall not be bound thereby.
- We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content whatsoever therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “voetstoets” (as is) without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Le Bouton, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, we also make no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Le Bouton, its employees, agents or authorised representatives. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Links to Site
- The Website may contain links to other platforms operated by Third Parties not affiliated with Le Bouton. The inclusion of any link to such Third Party sites does not imply endorsement by Le Bouton of those sites, its contents or otherwise. Le Bouton has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of Le Bouton’s Website. If you choose to click through any link to off-site pages or Third Party sites then this is at your own risk.
- Le Bouton does not authorise linking to any of its Websites from a Third Party platform without its express prior written authorisation.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of Liability
- Le Bouton cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Le Bouton, its employees, agents or authorised representatives.
- Le Bouton shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked Third Party Website.
- You hereby indemnify Le Bouton against any loss, claim or damage, directly or indirectly which may be suffered by yourself or any Third Party arising in any way from your use of this Website and/or any linked Third Party website.
Website Availability and Termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- We may in our sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that we will not be held liable to you in the event that we choose to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- We are entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of the Website (in any manner whatsoever), to blacklist you on our database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Le Bouton, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you and accept no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- You can choose, at any time, to stop using the Website, with or without notice to us.
Applicable Law and Jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Le Bouton, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.