TERMS OF USE
Marley & Max Pty Ltd provides an online platform located at www.marleymax.co.za (“the Website”) where you can purchase smoking accessories and CBD products to be delivered directly to you (“the Services”). This document sets out the terms in which Marley & Max will provide its Services to you (“Terms”). By clicking ‘accept’ or purchasing any goods using the Services, you indicate your explicit and/or tacit acceptance of the terms and conditions listed below.
RELATIONSHIP BETWEEN THE PARTIES
The relationship between you and Marley & Max is governed by these Terms and does not constitute a partnership, joint venture, employer/employee arrangement or similar relationships.
HOW TO ORDER GOODS ON THE WEBSITE
2.1. To use the Services, you must create an account with Marley & Max (“Membership Account”). Marley & Max will require your banking details to effect payment.
2.2. Through your Account, you can use the online shop button to purchase goods from the farm you have selected (“Order”).
2.3. To confirm your Order, review your cart and press the check-out button, whereby you will be transferred to our secure payment platform.
2.4. Marley & Max uses PayFast as the payment gateway to keep your credit card details secure. Your payment will be subject to the PayFast Payments Terms and Conditions.
2.5. Marley & Max will confirm your Order by sending you a confirmation email (“Order Confirmation”). Should there be any error in your Order Confirmation, kindly contact Marley & Max at [email protected] immediately to resolve same.
2.6. Prices are subject to change at any time and all goods shown on the Website are subject to availability.
- MONTHLY FEES, DEDUCTIONS AND PAYMENTS
3.1 The Parties agree that the Member shall be liable to pay the Membership Fee monthly in advance, as set out on the membership form, which payment will commence on the Registration Date and thereafter on the same day of each subsequent month.
3.2 All payments made by the Member to the Club shall be made without set-off and/or deduction.
3.3 In due course as the Club develops members shall become entitled to allied and affiliate programmes; such extra membership entitlements shall require additional levies.
3.4 All payments made by the Member to the Club shall be exclusive of VAT (if applicable) unless otherwise stipulated.
3.5 The Membership Fee is subject to change from time to time with reasonable notice to the Member and the Club reserves the right to effect such change within its discretion.
3.6 The Member shall pay the Membership Fee into the Club’s bank account, which details are set out on the membership form.
3.7 Payment shall be made by the Member to the Club by direct bank deposit, instant electronic funds transfer (EFT), or credit card. Where a credit card is used, the Club may require additional information in order to authorize and/or verify the validity of payment. If such authorization is not received, the order will be cancelled.
- DELIVERY OF YOUR ORDER
4.1. The information you provide for your Account must be accurate, current and complete. You are responsible to update such information as and when it changes. In addition, you are responsible for your Account and should not share your log- in details or password with anyone.
4.2. It is your sole responsibility to ensure that your Order is accepted in person upon delivery. You can request a different person to accept your Order, but this is done at your own risk.
4.3. In the event that you are unable to accept delivery, Marley & Max will hold the Order at 4B Cavendish Road, Claremont, Cape Town to be collected by you and be responsible for costs.
4.4. Marley & Max will use its best endeavours to ensure that your Order is delivered, however Marley & Max cannot accept any liability for uncollected deliveries or loss of packages.
- COMPLIANCE WITH LEGISLATION
5.1. Marley & Max will comply in full with the Consumer Protection Act 68 of 2008 (“CPA”) in relation to you and in conjunction with the supplier, which includes observing the provisions relating to quality of goods, return policy for goods and any other relevant provisions.
5.2. The information you provide to us on the Website will be held in compliance with Protection of Personal Information Act 4 of 2013 and will only be used for the purpose of contacting you for delivery and promotional offers.
- REFUNDS AND RETURNS
6.1. Any/all items purchased from Marley & Max must meet the following requirements to be eligible for a refund or exchange: Item(s) must be in Original Packaging, and Brand New condition. Return must include an original invoice from Marley & Max. Marley & Max will not accept any returns on flower or pre-rolls under any circumstances. Marley & Max reserves the right to deny any return or exchange and may request additional information as a condition of a return or exchange. We strongly recommend you insure your package(s) as we are not liable for items that are lost or damaged while in transit. Shipping services purchased by the buyer in relation to the original purchase, including but not limited to, upgraded and international shipping are the sole responsibility of the buyer and are non-refundable. This return policy is only available to customers of the Western Cape. We will do our best to accommodate such a request within our discretion but at the same time keeping you, the customer, satisfied. Marley & Max reserves the right to amend this Return Policy at any time. Marley & Max reserves the right to refuse a return for any reason.
- WEBSITE USE
7.1. Marley & Max will take all reasonable security measures to ensure the safety and integrity of the Website and to exclude any virus, unlawful access and/or monitoring of the Website but does not give any further warranty or make any representation that the Website will operate error free or without interruption. You use the Website at your own risk.
7.2. You agree that you will only use the Website for its authorized purpose and will not sell, modify, distribute, copy or reverse engineer any part of the Website or Services.
7.3. Marley & Max reserves the right to deny you access to the Website where Marley & Max believes in its reasonable discretion that you are in breach of these Terms.
- REMOVAL OF YOUR ACCOUNT
8.1. If you wish to remove your Account from the Website, you may do so by deregistering your Account with Marley & Max and discontinue using the Website.
8.2. Marley & Max reserves the right to cancel your Account if you breach any of the Terms, or for any other reason provided that Marley & Max gives reasonable notice to you with written reasons for the cancellation.
8.3. In the event of cancellation, Marley & Max will purge your Account information from its database.
- INDEMNITY AND LIABILITY
9.1. You agree to indemnify and hold Marley & Max harmless from and against any and all actions, claims, demands, proceedings or judgments (collectively “claims”) and any and all losses, liabilities, damages, costs, charges, and expenses (collectively “losses”) of whatever nature, which may be instituted, made or alleged against, or are suffered or incurred by you relating to the delivery of the Order, the goods, Services or the Website.
9.2. In addition, Marley & Max will not be responsible for any damage suffered by you as a result of incorrect or outdated Account information or your failure to collect the delivery.
9.3 Marley & Max will not be responsible for any use or misuse of any products.
9.4. You will be responsible for all transactions that take place using your account.
- INTELLECTUAL PROPERTY
10.1. Marley & Max grants you a limited, non-exclusive, non-transferable and revocable license to use the Website for its intended purpose, subject to your compliance with the Terms.
10.2. You retain all rights to the information that you upload or submit. You further grant Marley & Max a non-exclusive, royalty-free, worldwide license to use your contact details to contact you and deliver your goods. This license will terminated upon termination of this agreement, for whatsoever reason.
- DISPUTE RESOLUTION
11.1. Should any dispute, disagreement or claim arise between the parties concerning the Website or Order, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
11.2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.
11.3. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against relevant parties.
- SERVICE ADDRESS
Each of the parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes as being:
12.1. in the case of Marley & Max, at Email Address [email protected] 4B Cavendish Road, Claremont, Cape Town, 7800.
12.2. in your case, at the e-mail and physical address provided by you to Marley & Max in the registration process.
- FORCE MAJEURE
If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an act of God (which for the purposes hereof shall mean political riots, civil commotions, legal prohibitions or restrictions, fire, floods, storms, earthquakes, load-shedding or other similar natural disasters), then such failure shall not constitute a breach under the Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned thereby.
- GENERAL TERMS
14.1. Queries or Complaints: Should you have any complaints or queries, kindly address an email to [email protected] advising Marley & Max of same.
14.2. Ability to Alter Terms: Marley & Max reserves the right to amend these Terms in its sole discretion from time to time and will post the updated Terms on the Website. If you do not agree with the Terms, you should discontinue using the Services and accessing the Website.
14.3. Survival of Rights, Duties and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
14.4. Variation: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
14.5. Indulgences: No indulgence, leniency or extension of time granted by Marley & Max grants or shows to you shall operate as an estoppel or in any way prejudice Marley & Max or preclude Marley & Max from exercising any of its rights in the future.
14.6. Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA, Food related legislation and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto
14.7. Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa. All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law.
14.8. Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.
